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(영문) 인천지방법원 2019.10.11 2019고정807
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 21, 2018, the Defendant purchased goods from “C” located in the Namdong-gu Incheon Metropolitan City, Seoul, on June 21, 2018, followed by D (Ga name, amb, 34 years old), a customer who visited the said place, and committed an indecent act by force against the victim by using her her amb, with his amb, as it is rhyd.

Summary of Evidence

1. Statements made in part of the police interrogation protocol of the accused (a statement made to the effect that the accused is the victim female and the victim female);

1. Application of Acts and subordinate statutes to police statements made to D (alias) and E;

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. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse,

Considering the fact that there is no risk of recidivism or that there is a risk of recidivism, it seems that the registration of personal information and the completion of sexual assault treatment alone would have an effect to prevent recidivism by the defendant.

In addition, when the defendant discloses and notifies the defendant's age, character and conduct, environment, family relationship, and the defendant's personal information, the degree of disadvantage and expected side effects of the defendant's suffering, and the prevention effects of sexual crimes that can be achieved thereby.

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