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(영문) 인천지방법원 2013.11.14 2013고단4509
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a personal taxi engineer, a victim C (31 years of age, female) who is a taxi customer.

At around 00:30 on October 2013, the Defendant, at the Mapo-gu Seoul Metropolitan Madern Site, arrived at the E station located in Incheon Metropolitan City, Seo-gu, Incheon, at around 01:30.

At this point, the defendant, who was under the influence of alcohol, committed an indecent act by force against the victim by putting his hand into the victim's clothes, putting his hand into the victim's clothes.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (the imposition of a sentence reflects each other, and considering each other having no previous record of the same kind);

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 becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 his/her personal information to the head of a competent police office pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration, effect on the protection of the victim, etc. in full view of the Defendant’s age, occupation, risk of disclosure order, disclosure order or notification order, etc., it is determined that there are special circumstances that may not disclose or notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant

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