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(영문) 부산지방법원 서부지원 2017.08.09 2017고단665

준강제추행

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 May 3, 2017, at around 05:0, the Defendant found that the victim E (at least 50 years of age) was in a D salt room located in Busan Sho-gu C, and forced the victim to commit an indecent act by force, such as the victim, who was in deep diving, against his sexual organ, by leakage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

If a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information 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 the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the crime of this case is not less severe than the nature of the crime, but efforts are made to avoid reoffending, such as receiving a department of mental health, etc., in contrast to the crime of this case, there are many factors of sentencing, including the fact that the victim has agreed with the victim, the fact that there is no record of punishment, the degree and method of prosecution, workplace and family relationship.