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(영문) 부산지방법원 2021.02.08 2020고단4032

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 16, 2020, the Defendant found the victim D (27 years old) who was divingd in Busan Shipping Daegu B around 06:25 on August 16, 2020, discovered the victim D (27 years old), raised the defendant's bridge on the victim's bridge in mind to commit an indecent act against the victim's body, attached the whole body to the victim's body, and added the discovered sexual organ to the left part of the victim's bridge.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes entered in an investigation report entered in the D's statement (the verification of CCTV images at the scene of a crime);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

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

1. Where a conviction against a defendant is finalized on the facts constituting a crime in which he/she should register and submit 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 a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected to be expected by an order to disclose or notify information, and the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, or an employment restriction shall not be ordered to institutions related to children, juveniles, etc. and welfare facilities for disabled persons, such as children, juveniles, etc., and employees

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse.