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(영문) 부산지방법원 2018.07.18 2018고단1112

강제추행

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

On November 22, 2017, 01:27, the Defendant: (a) followed the victim D (51) who was living in the main room of the "C" food store located in Busan District, Busan District (hereinafter "the restaurant of this case") located in B, and was living in the main room of the "C" store located in Busan District (hereinafter "the restaurant of this case"); (b) as the victim’s right macks with his hand, the part of the victim’s right macks, and (c) the victim is now working in the place of the victim

E. The victim continued to see “D.” and the victim’s son was her her son, and the victim’s her her son was her her son.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Legal statement of the witness D;

2. Part of the protocol concerning the examination of the suspect against the defendant;

3. Statement made by the police against D;

4. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

3. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

4. Determination as to the assertion by the Defendant and the defense counsel in full view of the various records, including: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (a) appears to have committed the instant crime in a sudden and flexible manner while drinking; (d) the degree of indecent act is seems not much serious; (e) there is no history of punishment for sexual crimes; and (e) there is no other record on the part of the Defendant’s age, sex behavior, occupation, environment, family relationship, etc.; and (e) the benefits and preventive effect expected by the Defendant’s disclosure or notification of the registered information to the public or the Defendant’s personal information; and

1. The defendant is guilty of the assertion.