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(영문) 인천지방법원 2019.01.25 2018고정2598
강제추행
Text

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

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

Reasons

Punishment of the crime

Although the defendant stated in the bill of indictment on April 10, 2018 as " April 5, 2018", the defendant is deemed to have clearly written errors in light of evidence, so it shall be corrected ex officio.

23:20 around 20, the victim C (the 50 years of age) was an employee who divided the business owners and talks in the above practice room in the presence of the O-sing room located in Seo-gu Incheon, Seo-gu, Incheon. After finding out the victim C (the 50 years of age).

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

Summary of Evidence

1. Defendant's legal statement;

1. The result of the CCTV reproduction;

1. Application of each police protocol of statement to C and D

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, the Defendant seems to have considered that he or she might excessively be sexually harshly confluence.

The defendant has been asserting that the victim has been aware of the victim with a helper, but such assertion also shows the wrong perception that the female is a woman working for the sexual satisfaction of the customer.

It seems that the victim who has been abandoned as a means to meet sexual desire would feel a considerable sense of shame and humiliation.

Considering that there is no same crime against the defendant, the defendant cannot avoid the minimum liability corresponding to the content of the indecent act in this case.

Where a conviction on a criminal fact in the judgment that is subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 competent police office pursuant to Article

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