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(영문) 인천지방법원 부천지원 2018.06.11 2018고단1065
폭행등
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

The Defendant is the “C” PC Hemba in Kimpo-si B and 3, and the victim D (25 tax) is a part-time worker who works in the above PC.

On February 19, 2018, around 03:30 on February 19, 2018, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act in the said PC room by drinking the victim’s hand, rhumbbucking the victim’s left side and chest, kneeing the victim’s side and chest, sitting the victim’s knee, kneing the victim’s kne, and following the victim’s khuming.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV closure photographs and Acts and subordinate statutes concerning victim photographs;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The Defendant’s mistake led the victim to a great sense of sexual humiliation, aversion, insult, and considerable mental suffering.

- However, the defendant is the first offender with no criminal history, and the defendant shows an attitude against him/her by recognizing his/her mistake late.

- Agreed with the victim.

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 age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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