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(영문) 부산지방법원 2016.11.23 2016고단5841

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the Council and staff of the defendant, who served as the head of the administration in the C Council in Busan-gu, and the victim D (the victim's 23 years old) is a member of the Council and staff of the Council.

At around 21:00 on May 25, 2016, the Defendant: (a) completed a meeting in the C Council employees, including the victim, and the “F” restaurant located in Busan Seo-gu E; and (b) sent the victim the victim with telephone call to drink in the office of the executive branch of the C Council members; and (c) attended the G of the former executive branch on the spot.

The Defendant, who received a telephone and arrived at that place, made the victim sit on his left side, expected his head to the shoulder of the victim, frank him, and brought the victim into the shoulder. The Defendant, with his left hand, flashed the victim’s shoulder, flashed the victim’s left chest, and flashed the victim’s chest, and flashed the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of CCTV photographs and CCTV video CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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 with respect to a crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.