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(영문) 부산지방법원 2015.10.07 2015고단1826

강제추행

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

The defendant is the facility management officer E belonging to the Busan Sports Management Office located in Seo-gu, Busan, and the victim F(n, 42 years old) is the person in charge of cleaning the building in the above E.

On May 20, 2014, at around 08:10, the Defendant discovered that the victim was seated along with G, the same workplace of the same victim, and subsequently, the Defendant committed an indecent act by force against the victim by forcing the victim by rhing the victim’s hurdy with his own hand and using the hurdys up to the lower part.

Summary of Evidence

1. Each legal statement of witness F and G;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 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, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant’s summary of the assertion is around 08:10 on May 20, 201, E.