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(영문) 인천지방법원 2017.12.20 2017고단8025
준강제추행
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

Defendant

The victim is the first space between B and male water surface room.

On June 17, 2017, the Defendant, under the influence of alcohol at around 07:47, entered the B Saw or male water surface located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and was locked and revised part of the facts charged to the extent that it does not maintain the identity of the facts charged and undermine the Defendant’s right to defense, with the exception that the Defendant was able to sleep.

The victim D (the remaining, the age of 25) was able to write and rout the victim's sexual organ with her hand by failing to wear clothes in the right-hand partitions and reporting it to the victim D (the age of 25) in the surface of the water.

Accordingly, the defendant committed indecent acts using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on field photographs;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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.

The reason for sentencing is in light of the form and degree of indecent act of the instant crime.

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