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(영문) 부산지방법원 서부지원 2018.10.19 2017고단1661

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

On July 19:08, 2017, the Defendant committed an indecent act by force against the victim C (Woo, 52 years of age) by using her knife at his/her seat, her knife at the direction of the shooting distance on the front side of the Busan X-gu, Busan, in a way that the victim C (Woo, 52 years of age) forced him/her to do so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to a competent agency as prescribed in Article 43 of the same Act.

When considering the fact that the defendant ordered to complete a program is insufficient to use the Korean language by a foreigner, there is a special reason not to impose an order to complete a program pursuant to the proviso to Article 16 (2) of the Act on Special Cases Concern

Since it is judged that the defendant will not be ordered to complete the program.

When comprehensively considering the information disclosure order, notification order, the defendant's age, occupation, risk of recidivism, the content and motive of the crime in this case, the method and seriousness of the crime, the degree and anticipated side effects of the crime in this case, the preventive effect of the sex crime subject to registration that can be achieved therefrom, the effect of the protection of the victim, etc., there is a special reason not to issue each of the above orders pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49 (1) and Article 50 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso of Article 56 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

That is to be determined.