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(영문) 인천지방법원 2016.03.02 2014고단8956
강제추행
Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On November 23, 2014, at around 22:50, the Defendant discovered the victim C (M, 32 years old) who was walking ahead of Incheon Bupyeong-gu, Incheon, and had the intent to force the victim to commit an indecent act.

The Defendant, by his hand, committed an indecent act on the part of the victim’s left side buckbucks and side bucks.

Summary of Evidence

1. Partial statement of the protocol concerning the interrogation of the suspect against the defendant (the purport that the defendant and the victim's body is involved);

1. Application of the police statement protocol law to C

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.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. In light of the fact that the commission of the crime is not serious, a fine shall be chosen, but the defendant has not recovered from damage, and the defendant has committed a second offense even though he had the same record as the police in 2002.

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