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(영문) 인천지방법원 2016.03.02 2015고단8209
강제추행
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On November 7, 2015, around 14:15, the Defendant committed an indecent act in favor of the victim E (e.g., 22 years old) by committing an indecent act by committing an indecent act on the left side of the victim by using it under the following, in the event of the bus stops in front of the D duty-free shop located in the Namdong-gu Incheon Metropolitan City, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. In a case where the Defendant, under the influence of alcohol, commits an indecent act on the victim of the site, the criminal liability is not weak, but is relatively minor, the Defendant recognizes and reflects a criminal act, and the Defendant has no same record and has only once a fine for negligence in 1998, the sentence of a fine like the order shall be imposed.

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