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(영문) 인천지방법원 부천지원 2019.05.22 2018고단3049
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 13, 2018, the Defendant was sentenced to imprisonment with prison labor for eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Seoul Southern District Court, and the said judgment became final and conclusive on December 21, 2018.

Defendant, victim B (n, 29 years old), and C (28 years old) are known through E-group hosting established in D.

On May 24, 2018, around 23:00, the Defendant committed an indecent act by force, such as using the victim’s bridge, etc. and rhythm as the victim’s own hand, while drinking alcohol with C, etc. at the victim’s residence in Bupyeong-si F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning B and G;

1. Statement to C by the police;

1. Each written statement of H and I;

1. D details at the time of suspect A indecent act;

1. Previous offense: Application of Acts and subordinate statutes concerning criminal records;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure, Notification Order, and Employment Restriction Order, 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, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to 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); the Defendant’s age, social relationship; the risk of recidivism; the disclosure of registered information to the Defendant; the effect and effect expected by the public disclosure of the information on the Defendant’s registration or the employment restriction order; any disadvantage and side effect arising therefrom; and

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