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(영문) 인천지방법원 2020.02.13 2019고정2367
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 64) are those of Dong-dong residents.

On June 22, 2019, at around 20:30 on June 2, 2019, the Defendant committed an indecent act by force against the victim, i.e., the victim’s face, with the victim’s face, by using the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on site photographs and 112 reported treatment marks;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a judgment becomes final and conclusive on the duty 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

An order for disclosure or notification shall not be issued to the accused pursuant to 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 of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

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