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(영문) 부산지방법원 2014.01.09 2013고정3089

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.

Reasons

Punishment of the crime

The Defendant is the representative of the “E”, which is a corporate real estate in the 9th floor of the Busan Metropolitan Government D Building, and the victim F is the employee of the said corporate real estate.

At around 18:00 on December 28, 2012, the Defendant is infinite in the nine female toilets of the said building at around 18:00.

While under the influence of alcohol, the complainants who have lost a mind were laid into the above toilet, and the complainants who rejected the spirit of the defect in order to fluor's entrance by leaving his/her inner organ and leaving his/her inner organ, refused it, the complainants lying the complainants into the toilet floor by breaking it down, putting them down down down on the toilet floor with a brush hand of the complainants, and putting his/her inner organ into the entrance of the complainants.

Accordingly, the defendant did not have an intention on sexual relations at all, and the defendant forced the complainant who did not properly resist the force due to his own will, such as being under the influence of alcohol and being unable to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where the conviction of this case against a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information of Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 28, 2012) and is obligated to submit personal information to the relevant agency pursuant to Article 33 of the said Act.

However, in light of the fact that the defendant has no criminal record of the same kind, it is judged that there is a special reason that the disclosure of personal information should not be disclosed, so there is no order to disclose or notify the registered information.