beta
(영문) 부산지방법원 2015.12.23 2015고단6399

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, 2015, the Defendant found the victim C (the age of 25) under the influence of alcohol when he was traveling along the subway 3 subway lines located in the 2nd Dong Dong-gu, Busan on September 23:39, 2015, and used the victim's bucks twice in his hand.

Therefore, according to the victim's moving of the defendant to the flasing part, the victim forced the victim's left side of the bridge, exceeded the right side of the flasing, and made an indecent act by force the victim by tearing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reasons for sentencing are criminal fraud in this court on October 23, 2014 during the period of probation.