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(영문) 인천지방법원 2018.07.25 2018고단3847
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 00:30 on January 11, 2018, the Defendant: (a) around 00:0, around 14, the 6th floor D14th floor of the Gyeyang-gu Incheon building C, Gyeyang-gu, Incheon, the Defendant opened the victim from behind the victim E (the 25 years of age), who was danced by singing, with the victim’s own hand, and opened the two descendants into the victim’s clothes; and (b) laid the victim’s right hand with the victim’s chest, and (c) laid the victim’s right hand into the victim’s panty line.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the statement of the defendant in the protocol of interrogation of the suspect;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused 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 the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to disclosure or notification order against the defendant, comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree of disadvantage the defendant's entrance due to the disclosure or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

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