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(영문) 인천지방법원 2017.05.11 2017고단1033
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2016. 11. 5. 00:50 경 서울 강남구 C에 있는 D 주점에서 일행들과 술을 마시고 있던 중 갑자기 의자에서 일어나서 다른 테이블에 앉아 있는 피해자 E( 여, 35세) 의 뒤로 다가가 양손으로 피해자의 머리를 뒤로 꺽은 후 피해자의 입술 등에 피고인의 입을 맞추어 피해자를 강제 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. CCTV image images to be cut;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act, Article 298 of the Criminal Act, the choice of a fine, and the choice of a fine for the crime (where no agreement has been made with the victim, taking into account the fact that the person was the first offender, his/her behavior, his/her behavior and degree, and his/her mistake, etc.);

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. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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 competent agency pursuant to Article 43 of

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.

Since it is determined, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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