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(영문) 부산지방법원 2016.08.29 2015고단8765

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendant, at around 01:10, committed an indecent act by force, at the main point of “D” located on the first floor of the building underground of the Busan Dongdong-gu C building, Busan, the victim E (n, 20 years of age) danced in the ice test, and the victim’s body was pushed down after the victim’s body, and the victim took a view of dancing, and the victim took the body behind, and committed an indecent act by taking the victim’s chest on his own hand.

2. The Defendant resisted the victim’s chest at the same time and place as paragraph 1, and assaulted the victim’s face at one time with the victim’s hand by pushing the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Where the part of a judgment on compulsory indecent act in relation to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 thus, the accused is obligated to submit personal information to the competent agency

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Thus, the defendant is judged.