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(영문) 인천지방법원 부천지원 2016.06.01 2015고단3016
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 4, 2015, around 04:20, the Defendant committed an indecent act by force against the victim by putting the victim E (the victim 27 years of age) into a park be under the influence of alcohol on August 4, 2015, when she reported that the victim E (the victim 27 years of age) sits in the park bed down at one hand, and the victim she moved the victim to a chemical group of Bara in the vicinity of the damaged park.

[3] The defendant and his defense counsel asserted that the defendant had mental and physical weakness at the time of committing the crime of this case, but according to the records, the defendant's ability to discern things or make a decision was sufficient. Thus, the defendant and his defense counsel's above assertion is without merit]

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, there is no record that the defendant was punished for the same crime, the defendant led to the confession of the crime of this case and shows his misunderstanding, and the extent of the indecent act of this case, etc. shall be determined as ordered by considering the circumstances of Article 51 of the Criminal Act such as the degree of the indecent act of this case.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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