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(영문) 인천지방법원 2018.02.07 2017고단8771
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 42 years of age) and the peace.

On March 25, 2017, at around 21:30 on March 25, 2017, the Defendant was waiting for other daily activities within the said main points from the D main points located in Nam-gu Incheon Metropolitan City, Nam-gu, to leave outside, and was committing an indecent act against the victim with the victim, by inserting his hand into the main points and forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the protocol of interrogation of the suspect against the defendant

1. Application of the police statement protocol law to B

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

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 of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, 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, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The reason for sentencing is that the defendant commits the crime of this case in which he commits an indecent act against the victim.

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