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(영문) 인천지방법원 2019.06.28 2019고정1185
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 22, 2018, at around 10:05, the Defendant committed an indecent act against the victim with his/her own knife at the victim D (W), who was going to the left side of the escalator in the “C” store in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on October 22, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports;

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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant has been diagnosed with dementia for the age of 80 or more years, and there are special circumstances in which the defendant cannot be ordered to complete program, considering the mental and health conditions of the defendant);

1. Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration and the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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

Considering the Defendant’s age, character and conduct, environment, family relationship, personal information disclosure and notification order, and the anticipated side effect of the Defendant’s disadvantage and the prevention of sexual crimes that may be achieved therefrom, etc. of the Defendant’s exemption from the disclosure order, the information disclosure order and notification order and the employment restriction order is determined as having special circumstances where the disclosure and notification of personal information or the issuance of employment restriction to children and juveniles-related institutions, etc. should not be ordered. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection

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