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(영문) 부산지방법원 서부지원 2020.02.13 2019고단1556

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

On June 23, 2019, at around 09:39, the Defendant: (a) committed indecent acts by force against the victim C (V, 65 years of age) who was her front, in his front, in the case of Busan (B) and the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Analysis of CCTV perusal for specific suspect);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 11, 2018), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 1506, Dec. 1, 2018); and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (see, e.g., the Defendant’s age, family environment and social ties, records of crimes, records and motive of crimes, methods and consequence of crimes