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(영문) 인천지방법원 2013.11.28 2013고단4170
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 15, 2013, at around 02:15, the Defendant discovered the victim E (n, 19 years of age) who dances at the center of “D” in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Seoul underground level.

The Defendant committed an indecent act by force against the victim, who is dancing by the victim, with the victim’s own hand, at his own discretion, and with the victim’s dancing in a manner consistent with the victim’s entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the photographic Acts and subordinate statutes by cutting D subject points ctv course;

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

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may have a significant impact on the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as that the registration of personal information alone 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.

Although the reason for sentencing is not minor, the punishment shall be determined like the order, taking into consideration the following factors: (a) the defendant led to the confession and reflect of the crime in this case; (b) the primary offender is the first offender; and (c) the fact that the case is likely to have occurred by drinking.

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