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(영문) 인천지방법원 2020.01.15 2019고단6018
강제추행
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 12, 2019, at around 18:45, the Defendant: (a) performed drinking together with BFC’s residence in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) Do Indones D, Victims E (Gain, E, 48 years old); and (c) Doese D and D enter the inner bank in which the victim and D were under the influence of alcohol, and “DC E” enter the inner bank in which they were locked; and (d) Doese the victim who was intending to sleep to check the locked of his her her her her pet, after closing the door to check the locked of the victim’s pet.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to E;

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 Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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, degree of disadvantage the Defendant was placed and the effect of preventing sexual crimes subject to registration to be achieved due to the disclosure order or notification order, the effect of protecting the victims thereof, etc.

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