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(영문) 인천지방법원 2016.11.23 2016고단720
강제추행
Text

Defendant shall be punished by a fine of two 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 December 29, 2015, around 00:26, the Defendant committed an indecent act by force against the victim by putting the victim D (W, 45 years of age) working as a musical musical performer at the training-gu Incheon Metropolitan City’s main point in C on December 29, 2015, using the victim’s table to listen to and use the victim’s shoulder to the victim in order to receive the Defendant’s mebrost, and using the victim’s shoulder with the victim’s shoulder, and making it clear that the victim’s shoulder is off, and by putting the victim’s right chest into his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 70 (1) 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 defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant 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 a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account 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 and notify 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

Although the victim expressed his intention to refuse punishment, it is not good to form of crime in indecent act by compulsion, on the other hand, the defendant acknowledges and reflects the crime, and the victim seeks the defendant's prior action by agreement with the victim.

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