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(영문) 부산지방법원 2018.03.08 2017고단6068

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 May 27, 2017, the Defendant, at around 06:12, committed an indecent act against the victim C (the 22 years old), who was smoking tobacco along with the operation in the B B B B B B B B in Busan, with the mind of committing an indecent act against the victim, and the victim was her back, and the victim her worked to turn on the way. At the time, the Defendant committed an indecent act against the victim, who was her knife with the knife with the knife, by forcing the knife by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes to report on investigation (verification of CCTV taken when a suspect commits a crime);

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

2. Selection of an alternative fine (a sentence shall be imposed in consideration of the degree of and background for the prosecution, the criminal records of the accused, whether agreement has been reached with the victim, etc.);

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.