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(영문) 인천지방법원 2016.11.02 2016고단5339
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 1, 2016, from around 18:20 to 19:20, the Defendant committed an indecent act by force against the victim E (the age of 40) who sits in the Dhop house located in Bupyeong-gu Incheon Metropolitan City and drinking alcohol together with the Defendant’s arms, as hhythm, and hythhhh as hythm as he was written as his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The reason for sentencing is that the victim who is the defendant's wife is not guilty of indecent act despite his intention of refusal.

However, the punishment of a fine like the order shall be imposed in consideration of the fact that the attitude of crime is relatively insignificant, the defendant recognizes and reflects the crime, and the defendant has no power to do so.

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