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(영문) 인천지방법원 2017.08.24 2017고정1492
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. From the end of December 2016, the Defendant reported the victim D (41 3,00) to work within the “C” heading in the Dong-gu Incheon Metropolitan City, Dong-gu, and told the victim “as soon as he/she sits next,” and committed an indecent act by force on the victim’s chests that he/she sits next to the Defendant.

2. On February 8, 2017, the Defendant: (a) around 10:45, on the street of the F Station in the Dong-gu Incheon Dong-gu, Incheon; (b) while drinking the said victim and alcohol, the Defendant: (c) on the road of the F Station in the Dong-gu, Incheon; and (d) “the Defendant

"At the same time, the victim's chest was met once per se, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, 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 the head of the competent police office pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of recidivism, details and details of the offense, method and seriousness of the offense, seriousness of the crime, crime record, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant may suffer, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, it is on the punishment of sexual crimes.

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