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(영문) 인천지방법원 2016.06.30 2016고단2517
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 15, 2016, the Defendant, at around 03:00, committed an indecent act by force on the part of the victim D (here, 17 years of age) who was being boomed at “C” on the 3th floor of the Incheon Gyeyang-gu Incheon building, stating that “I sees women.”

Summary of Evidence

1. Statement by the defendant in court;

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

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the recognition of and reflects on the crime by the Defendant; and (b) the fact that there is no record of punishment of the same kind or imprisonment without prison labor or any heavier punishment; (c) the fact that the damage has not been recovered is considered disadvantageous circumstances; and (d) the circumstances before and after the crime were committed, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, etc., as indicated in the records and arguments

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, the accused 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 competent agency pursuant to Article 43 of the same Act.

However, in light of the Defendant’s age, occupation, risk of repeating a crime, contents and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

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