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(영문) 인천지방법원 부천지원 2015.07.08 2015고단1101
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 3, 2015, at around 11:33, the Defendant committed an indecent act by force against the victim, by drinking the victim DNA (20 years of age) who was waiting for buses at the bus stops located in Kimpo-si B, Kimpo-si on May 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement statement made to 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant did not reach an agreement with the victim is an unfavorable circumstance.

However, considering the fact that there is no criminal record against the defendant, that the defendant led to the crime of this case and shows the misunderstanding of his own mistake, and the circumstances of Article 51 of the Criminal Act, the punishment as ordered shall be determined.

When a conviction on a crime of indecent act by compulsion in the judgment that is a sex offense subject to registration of personal information becomes final and conclusive, 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 the head of a

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances where the disclosure of personal information should not be disclosed or notified. Thus, Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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