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(영문) 부산지방법원 2018.06.04 2018고단1342

강제추행

Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 22, 2017, around 21:40, the Defendant committed an indecent act on the part of the Defendant, on the part of the Defendant, by forcing the Defendant to engage in an indecent act on the part of the Victim C (19 years of age, women) with his/her desire and fit his/her own will, while he/she was boarding the Defendant’s exit 4 line B, No. 3, the subway No. 4, Gangnam-gu Seoul Metropolitan Government subway No. 23, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

2. Selection of a selective fine (such as the absence of any criminal history and the circumstances that may be taken into account in the course of committing the crime).

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the same Act.