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Reasons
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(영문) 인천지방법원 부천지원 2013.10.16 2013고단2562
강제추행등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 28, 2013, the Defendant committed indecent act by compulsion on the part of the victim by inserting the victim’s knife in the “Catt” located in Seocheon-gu, Seocheon-gu, Seocheon-si B, and committing indecent act by force by inserting the victim’s knife’s knife with the victim’s knife as a bridge.

2. The Defendant assaulted the victim E, the husband of D, at the above time and at the above location, with the victim E’s breath floor, who followed D’s act more rhythming the body, at one time, at the victim E’s left side breast.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 298 of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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. Where a conviction of a sex offense subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act is finalized, 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.

In light of the motive, process, and consequence of the instant indecent act by compulsion, seriousness of the crime, the age, occupation, disclosure and notification order of the accused, the degree of disadvantage to the accused and the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Act on Special Cases Concerning the Punishment, etc

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