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(영문) 인천지방법원 2018.01.17 2017고단7801
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works together with the victim B (V, 54 years old)'s friendly living together with the victim B, and there is a face with the victim.

On July 10, 2017, the Defendant offered to live together with the victim under the influence of alcohol at around 21:00, the Nam-gu Incheon Metropolitan City Building C building B02, but refused it, and thus, the Defendant was able to engage in rape and live together on the floor, and the Defendant committed indecent act by forcing the victim from the defect that the victim was fright to drink and take out of the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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 of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The reason for sentencing is not good in light of the background, attitude, etc. of the crime of this case, and the victim wishes to punish the defendant.

However, the defendant commits a crime.

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