logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.19 2020고단9792
준강제추행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2020. 1. 5. 11:20경 인천 미추홀구 B에 있는 ‘C’ 찜질방 수면실 내에서, 잠을 자고 있는 피해자 D(여, 23세)을 발견하고 피해자 앞에 쭈그리고 앉아 손으로 피해자의 오른쪽 반바지를 들추어 그 안을 들여야 보는 방법으로 잠에 들어 항거불능 상태에 있는 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police about D, 112 Report processing slips, and details of the use of suspect cards;

1. Application of Acts and subordinate statutes of the report on internal investigation (number 13,15);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of a fine (including the fact that a person misleads himself/herself, and the fact that he/she has no record of punishment for the same crime, etc.);

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. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit 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 the accused is obligated to submit personal information to the competent agency pursuant to

Considering the Defendant’s age exempted from disclosure and notification order, risk of repeating a crime, motive and background of a crime, consequence and seriousness of a crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, the personal information of the Defendant may not be disclosed or notified.

arrow