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(영문) 인천지방법원 2013.10.17 2013고단4455
강제추행
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.

Reasons

Punishment of the crime

On June 26, 2013, around 05:00, the Defendant discovered the victim E (the age of 32) who was seated on the front side of the “D convenience store” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and caused the victim’s desire to do so in a timely manner, thereby committing an indecent act on the victim’s chest by deceiving the victim’s chest from the back to his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation:

1. Application of the photographic Acts and subordinate statutes to the suspect at the time of discovery;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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 conviction against the defendant on the crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration under Article 334 (1) of the Criminal Procedure Act is finalized, 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 pursuant to Article 43

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

Although the reason for sentencing is not minor, in light of the fact that the defendant led to the crime in this case, he is the first offender, the first offender, the fact that this case is expected to have occurred by drinking, and that the victim has agreed to pay two million won to him, he shall be sentenced to punishment as set forth in the text.

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