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(영문) 부산지방법원동부지원 2020.12.04 2020고단1848

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 became aware of the victim B (V, 45 years of age) and through his will.

On June 23, 2020 from around 21:0 to 22:55, the Defendant committed an indecent act by force against the victim, such as “D” located in Busan Nam-gu, Busan, and “D”, and the victim’s grandchildren who were seated next to the Defendant several times, and the victim’s grandchildren who attempted to restrain them, knife the victim’s fingers into the victim’s panty, and cut the victim’s sound only once.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of E;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obliged to submit personal information

In full view of the fact that there is no record of criminal punishment against the defendant due to a sex offense, the registration of personal information and the completion of a sexual assault treatment program can be effective to prevent the recidivism, and other circumstances such as the defendant's age, family environment, social relationship, occupation, the course and result of the crime in this case, social benefits expected by the disclosure notification order and the employment restriction order, the effect of preventing sexual crimes, and the disadvantage and anticipated side effects of the defendant, it is determined that there is a special circumstance that the defendant should not be ordered to disclose and notify personal information of the defendant, or to place employment restrictions on children and juveniles-related institutions, etc.