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(영문) 인천지방법원 2014.02.06 2013고단7527
준강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:30 on November 1, 2013, the Defendant discovered the victim E (n, 22 years of age) who was locked like male-child fry at a soup room in the Nam-gu Incheon Metropolitan City, Nam-gu, and accumulated in the victim's side, and made indecent act by force on the victim's hand by taking advantage of the victim's state of her failure to resist, making up the victim's hand above the part of the victim's kyth, and by taking out the victim's left chest with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine (i.e., reflectiveness, primary offender, and agreed with the victim), etc.;

1. Articles 70 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 judgment becomes final and conclusive to submit personal information under Article 334 (1) of the Criminal Procedure Act with regard to a provisional payment order, 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 the head of the competent police office

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that only the registration of personal information appears to have an effect to prevent recidivism by the defendant. Thus, it does not issue an order for disclosure or notification of registered information.

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