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(영문) 인천지방법원 2018.10.19 2018고정2183
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

On June 29, 2018, around 19:45, the Defendant: (a) committed an indecent act against the victim C (M, 23 years of age) coming at the front of the hotel B in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) made the victim with the intention to commit an indecent act against the victim C (M, 23 years of age); (c) made the victim’s own hand turn on the part of the victim at one time, with the victim’s own hand, and (d) made it good for the Defendant.

“.....”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to internal investigation reports and internal investigation reports (Attachment to field CCTV images and images-faging photographs);

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment that requires 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (only special circumstances exist that may not disclose personal information in light of the Defendant’s age, occupation, risk of re-offending; motive, method of crime; consequence and seriousness of the crime in this case; degree and anticipated side effects of the Defendant’s disadvantage due to disclosure order or notification order; preventive effect of sexual crimes subject to registration that may be achieved therefrom; and effect of the protection of the victims thereof).

The reason for sentencing is against the defendant's wrongness.

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