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(영문) 부산지방법원 2018.08.22 2018고단2468

강제추행

Text

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

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

Reasons

Punishment of the crime

On April 14, 2018, the Defendant, at around 21:52, 2018, walked with the male-gu in Busan, Busan, and the victim E (W, 24 years old), who was walking together with the male-gu in D, Busan, and the victim’s her her her her her her her her her her her her her her her her,

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

Summary of Evidence

1. Statement by the defendant in court;

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. The grounds for sentencing are as follows: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., the Defendant appears to have committed the instant crime in a contingent and shock manner while drinking; (e) he/she is likely to have committed the instant crime; (b) he/she has been punished for a sex crime; (c) there is no record of punishment for a sex crime; and (d) other various circumstances indicated in the records, such as the Defendant’s age, sex, occupation, environment, family relation, etc., compared with the profits and preventive effects expected by the order of disclosure or employment restriction on the Defendant’s personal information.

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, it is not good that the defendant was forced to commit an indecent act by taking her m, but the victim her m, who was her in the way of deep night, and it is not good to commit a crime.

The crime of the defendant is twenty-four years of age.