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(영문) 인천지방법원 2020.08.20 2020고정1199
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

The defendant is the victim B (n, 45 years of age) and the defendant's establishment of a high school.

On August 6, 2019, the Defendant: (a) around 00:14, at the “Dcafeteria” store located in Seo-gu Incheon, Seo-gu, Incheon; (b) reported the victim who was seated next to the Defendant during a high school community, and committed an indecent act by force against the victim by following the victim’s personal hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to a photograph by cutting down CCTV images in a complaint room;

1. Relevant Article 298 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43

In full view of the defendant's age, occupation, risk of recidivism, details and circumstances of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure notification order and employment restriction order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, etc., it is judged that there are special circumstances that the defendant should not disclose and notify personal information or restrict employment.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), proviso to Article 50(1), proviso to Article 56(1), proviso to Article 56(1), and Addenda to the Act on Welfare of Persons with Disabilities.

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