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(영문) 인천지방법원 부천지원 2017.11.27 2017고단2311
강제추행
Text

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

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

Reasons

Punishment of the crime

On April 10, 2017, around 23:55, the Defendant, while drinking alcohol in the bus (B, C, and small passengers) near the 558 drinking distance, she was fluencing at the bus (B, C, and so on) and having been seated next to the passenger, but did not have any response thereto, the Defendant said that “I am, I am,” and said that “I am, I am, I am,” and that “I am, I am, 50 years of age,” and that I am the victim D (W am, 50 years of age) who was seated next to the passenger.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The Defendant’s mistake led the victim to a great sense of sexual humiliation, aversion, and insult.

The injured person is strongly punished for the defendant.

- The defendant has a record of being subject to suspension of indictment for the same crime.

- However, the defendant shows his attitude to reflect his fault by recognizing his fault late.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the competent police office pursuant to Article

The exemption from disclosure or notification order is due to the age, occupation, risk of recidivism, type of crime, motive, process, disclosure order, or notification order of the defendant.

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