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(영문) 인천지방법원 2014.10.15 2014고단5410
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

At around 23:30 on May 1, 2014, the Defendant: (a) was the owner of a house where the victim C (the age of 22), was living together, performed drinking with the victim on May 1, 2014; (b) performed drinking in the residence of the victim located in Nam-gu Incheon Metropolitan City, Nam-gu; (c) took the part of the buckbucks of the victim; (d) took the bucks of the victim; (e) took the bucks of the victim; (e) took the bucks of the victim; and (e) took the part of the victim’s left chest as his hand; and (e) reported that the victim was living, the Defendant committed an indecent act by force against the victim.

Summary of Evidence

1. Each legal statement of witness C and E;

1. The second prosecutor's protocol of examination of the accused partially;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive in regard to the crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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