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(영문) 인천지방법원 2017.01.18 2016고단7826
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On April 19, 2016, at around 21:45, the Defendant committed an indecent act by force against the victim, as the victim D (V, 43 years old), who became aware of the fact that he had come to know of the fact that he had come to know of the fact that he had come to know of the fact that he had come to know of the fact that he had come to know of the fact that he had been in his own hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

Although the criminal liability of this case where the defendant had committed an indecent act against the victim on the ground of sentencing is not weak, the punishment of fine like the order shall be imposed by taking into account the fact that the defendant recognized the mistake and reflects against the defendant, that the defendant agreed smoothly with the victim at the investigation stage, and that the defendant has no same record as the victim.

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