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(영문) 부산지방법원 2013.12.04 2013고단5048

강제추행

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On July 20, 2013, around 20:17, the Defendant: (a) committed indecent act by compulsion of a female in a way that the victim C (the 24 years old), who was on board an escalator at No. 4 located in the Busan subway Station No. 3, Namcheon-dong, Busan, to force indecent act by force; and (b) the victim’s her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the applicable criminal facts;

1. Selection of an alternative fine for punishment (or mental illness of a reflector, no record of criminal punishment, or an on-site illness);

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

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is 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

An order to disclose or notify the registered information of disclosure or notification order needs to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that may not disclose the personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant, etc. Therefore, it does not issue an order to disclose or notify the registered information.

Public Prosecution Rejection Parts

1. On April 25, 2013, the Defendant committed an indecent act on the part of the victim, such as: (a) at the entrance of the ELV on the 1st floor of the Busan Northern-gu Dolllllle, (b) the victim E (at the age of 22) who returned home, (c) the victim’s arms, (d) the victim’s knife onto an elevator, and (e) the victim’s chest was unable to resist on the elevator, and (e) the victim’s chest part was confined to the upper part thereof.

2. Determination of the facts charged, and the facts charged are crimes falling under Article 298 of the Criminal Act, and are amended by Act No. 11574, Dec. 18, 2012.