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(영문) 인천지방법원 2016.03.24 2015고단6994
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 22, 2015, at around 23:00, the Defendant committed an indecent act, such as demanding the victim E (the 31 year old) to keep his own bicycles in the D Station, and avoiding disturbance, and the victim’s cresh, which shows in front of the Defendant in order to open the entrance, with the Defendant’s fault, committed an indecent act, such as influence of the victim’s side glass and distribution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone from victims and police officers dispatched);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine and the selection of a fine (including the recognition of a crime, the degree of conduct of prosecution and the absence of any record of the same punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

However, in light of the Defendant’s age, occupation, risk of repeating a crime, contents and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, the disclosure order and notification order shall not be pronounced against the defendant.

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