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(영문) 부산지방법원동부지원 2020.11.06 2019고단1700

강제추행

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

On September 13, 2019, the Defendant: (a) committed an indecent act by force against the victim C (here, 28 years of age) who works at the said hotel hotel in Busan, a Busan, a Busan, a Maritime Daegu B casino, stating that D. D. “S. Rod” was “S. Rod”; (b) sought the victim’s grandchildren; and (c) forced the victim to use both arms following the victim’s escape.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to investigation reports on the C’s written statement (as to the attachment of CCTV images);

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. 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

The Defendant exempted from order to complete a program is determined to have special circumstances under which an alien of Russian nationality is unable to complete a program under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes because communication in Korean is not smooth. Thus, the Defendant may not sentence the Defendant to complete a program pursuant to the proviso to Article 16(2) of the Act on Special Cases

The fact that the defendant exempted from the disclosure notification order and the employment restriction order does not have any history of criminal punishment in Korea, the fact that the registration of personal information alone seems to have the effect of preventing recidivism, the fact that the defendant's present whereabouts is unknown and the effectiveness of the disclosure notification order and the employment restriction order is not expected to be impossible, and other social benefits expected by the disclosure notification order and the employment restriction order and sexual crimes are sexual crimes.