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(영문) 인천지방법원 2017.04.19 2017고단885
강제추행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 19, 2016, around 23:40, the Defendant was under the influence of alcohol in the front of Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and expressed the victim C (the age of 19) who was waiting for a taxi at the same time, and subsequently expressed the victim’s desire to “Cals, Cals, Cals, and Cals,” and then, the victim’s chest part was pushed down with the victim’s own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant assaulted, at the time, at the time, and at the place specified in paragraph 1, the victim’s face part of the victim’s face is about five times by drinking, who was a male-friendly arrest victim D ( South, 21 years old) and Sivia attached to the said C, as set forth in paragraph 1 (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

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

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 against a defendant is finalized with respect to the crime of indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 45(1)4 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is unreasonable in light of the nature of the crime and severity of the crime that causes the registration of personal information and the remaining crimes. Thus, Article 45 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is unreasonable.

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