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(영문) 인천지방법원 부천지원 2016.01.20 2015고단3015
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 4, 2015, at around 23:30, 2015, the Defendant reported that the victim E (n, 25 years of age) talks about the victim’s right side, and that the victim E (n, bbbbbs) talks about 3 times in the “D’s 1st underground floor in Seocheon-si, Seocheon-gu, Seocheon-si, Seoul, and that the victim’s te (n, 25 years of age) talks about the tebbbs in front of the tebbs, and committed an indecent act by force on the part of the son.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Application of Acts and subordinate statutes in which statements made by the police in each communication protocol against E are entered;

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

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 fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, in light of the fact that there is no criminal record against the defendant, that the defendant led to the crime of this case and shows his misunderstandings, and that the circumstances of Article 51 of the Criminal Act are considered, the punishment as ordered shall be determined.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the head of the competent police office pursuant to Article

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

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