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(영문) 인천지방법원 부천지원 2018.11.05 2018고단1748
준강제추행
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

On May 14, 2018, around 07:06 around 07:06, the Defendant diversing in the fash or in the water surface room of the victim C (V, 24 years old). On May 14, 2018, the Defendant dived the victim’s clothes into the victim’s clothes and carried the victim’s breasts several times.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs and photographs of the suspect;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to suspect images);

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:

- The degree of indecent act is serious as it takes charge of the chest by inserting his hand in the clothes of the victim.

- The victim gets a great sense of sexual humiliation, aversion, and insult.

- However, the defendant shows his attitude to recognize and reflect his mistake.

- There is no history of punishment previously imposed prior to the instant case.

When a conviction on the crime of indecent act committed in the judgment of a sex offender subject to the registration of personal information becomes final and conclusive, 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 43 of

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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