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Reasons
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(영문) 인천지방법원 2015.05.14 2015고단1092
강제추행
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Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 2, 2014, at around 00:10, the Defendant committed an indecent act by force against the victim by putting on the right chest part of the victim D (n, 38 years of age) at the front of Gyeyang-gu Incheon Metropolitan City, by turning on the right part of the victim D (n, 38 years of age) at his/her seat.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement of D;

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

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 registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 a competent agency pursuant

However, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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