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(영문) 인천지방법원 2019.03.13 2018고단8114
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 19, 2018, at around 00:29, the Defendant discovered the victim C (e.g., 24 years of age) who was under influence of alcohol in the train run at the Incheon Airport 2 terminal station located in the same Gu in Jung-gu Incheon, Jung-gu, Incheon, and opened up on the side of the victim to commit an indecent act. At that time, the Defendant met the victim's bucks with approximately 14 minutes of hand until around 00:43 of the same day, and opened the victim's shoulder at several times, 1% of the victim's shoulder, added the victim's finger, and boomed with the victim's fingers at several times, and used the victim's fingers by hand. The Defendant took the victim's fingers at hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement C to the Act

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Where a judgment on the duty to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, degree of disadvantage to the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc.

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