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(영문) 인천지방법원 2018.01.17 2017고단6754
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant was on board as a passenger C(16,537 tons, steel) of the international passenger ship of Pakistan (16,537 tons, steel) that departs from the Dong of China and enters Incheon at the port of short-term, China on August 10, 2017.

At around 08:50 on August 11, 2017, the Defendant forced the victim to leave first, on the ground that his body was inside the center of the passenger ship in question, which was entering Jung-gu Incheon Metropolitan City D, on the ground that his body was Arabic, and was in charge of passenger control, and the victim F (n, 25 years of age) who was a crew member of the said passenger ship, was under the influence of the said victim by using the victim’s left chest part of the said victim’s hand on one occasion.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Field investigation photographs, such as forced CCTVs;

1. The defendant and his defense counsel asserted that CCTV images (the defendant and his defense counsel merely led the victim who has the right to leave the ship to wear and shoulder the shoulder while "the head of the office," and that there was no intentional physical contact with the victim.

The victim made a concrete statement in the investigative agency and court about the form of crime and the circumstances before and after the crime, and there is no doubt that the statement is false.

When the defendant recognized as a result of the examination of evidence shows that he intentionally committed an indecent act against the victim's body in light of the situation, parts and methods of the defendant's body and the victim's body, it is judged that the defendant committed an indecent act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against a defendant is finalized in regard to the facts constituting a sex crime subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to Article 43 of the same Act.

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