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(영문) 인천지방법원 2018.05.23 2018고단628
강제추행
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 7, 2017, around 21:32, the Defendant, while under the influence of alcohol in front of D toilets located in Jung-gu Incheon Metropolitan City C, committed an indecent act against the victim by making the victim E (a person, scam, scam, 32 years of age) in front of the toilet, and by hand using the victim’s tboard in the manner of using the victim’s tboard as below.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the Act and subordinate statutes to a investigation report (on-site CCTV images verification case);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, 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 the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 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 ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

Although there is no agreement with the victim on the reason of sentencing, the punishment shall be determined as ordered by taking into account the following factors: (a) the degree of indecent act in light of the timing, place, and method of the criminal conduct is not relatively much severe, and the defendant has no criminal record for

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