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(영문) 인천지방법원 2013.10.10 2013고합466
강제추행등
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 29, 2013, at around 21:35, the Defendant discovered the victim E (here, 24 years of age) who walked in the way front of the exit No. 4 of the D basin located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and followed the victim by following the victim, and committing an indecent act by coercioning the victim by extending the victim’s own hand from the rear side of the victim to the stairs of the entrance of the F apartment.

2. On June 29, 2013, the Defendant attempted to commit indecent act by compulsion: (a) discovered the victim G (or 23 years of age) who passed from the D station history located in Gyeyang-gu Incheon Gyeyang-gu, Incheon; (b) attempted to prevent the victim from being injured by his/her second hand, and to force the victim to commit an indecent act; (c) however, the Defendant attempted to commit an indecent act by force against the victim’s second hand in front of the H apartment elevator; (d) however, the Defendant attempted to commit an indecent act by force against the victim’s sound and resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

1. Relevant legal provisions concerning facts constituting a crime and the occupation of an indecent act by compulsion of a punishment: Articles 298 and 300 and 298 of the Criminal Act concerning attempted indecent act by compulsion of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of concurrent crimes resulting from serious indecent acts by compulsion of the principal)

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

1. Each of the instant crimes on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is an indecent act by force or attempted indecent act by force, following the Defendant’s residence of the victims who do not have any awareness, and the Defendant’s criminal liability cannot be deemed to be light in light of the risk and the degree of mental impulse suffered by the victims.

However, the defendant is the first offender, and all of the crimes of this case are led to confession and reflect.

In addition, the victim E does not want the punishment of the defendant under the agreement with the defendant.

Such circumstances shall be considered in light of the circumstances favorable to the defendant.

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