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(영문) 인천지방법원 2019.05.15 2018고단9459
강제추행
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2, 2018, at around 21:10, the Defendant: (a) discovered the victim D (a) who was located in the front of the “C” restaurant located in Seo-gu Incheon, Seo-gu, Incheon; (b) committed indecent act by force against the victim, i.e., using the victim’s head, embl, embl, embl, etc. on his hand, with the victim’s words “pin foreigner’s seat”; and (c) committed indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to D (alias) and E;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

An order for disclosure or notification shall not be issued to the accused pursuant to 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 of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

The reason for sentencing was that the defendant committed an indecent act against the victim by eating in the restaurant.

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