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(영문) 인천지방법원 2016.04.07 2015고단7250
강제추행
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On November 11, 2015, at around 18:25, the Defendant committed an indecent act by force against the victim E (V, 21 years old) who is coming to nearby subway stations in front of the D main points in Gyeyang-gu Incheon, Incheon, and is coming to nearby subway stations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act was not recovered under the unfavorable circumstances, the fact that the defendant recognized the crime and reflects the defendant, and that the defendant has no record of punishment exceeding the same criminal record or fine, etc., shall be considered under favorable circumstances, and the punishment shall be determined as ordered by taking into account the various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and obligation to submit personal information, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

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.

Therefore, the defendant is judged.

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