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(영문) 인천지방법원 2016.12.12 2016고단6298
강제추행
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On January 20, 2016, at around 12:00, the Defendant, in a restaurant operated by Seo-gu Incheon Metropolitan City, “E”, “E,” with a view to forcing the victim to commit an indecent act by force, left the victim’s amblock, and am the victim’s chest by hand, and am the victim’s chest from behind the victim’s amblock, and continued to turn the victim’s chest into the victim’s right neck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to 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 of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration 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 related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to 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

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. It is not good to form the crime of this case, and it appears that the victim was suffering from a great sense of sexual humiliation and mental suffering due to the Defendant, who was a son.

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