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(영문) 부산지방법원 서부지원 2019.11.21 2019고단451

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 September 18, 2018, the Defendant committed an indecent act on the victim B (the victim 27 years of age), who was unable to resist due to the Plaintiff’s failure to resist (the victim 27 years of age) in his/her hand, as he/she started from the multi-sea area of the multi-sea area in Busan Spo-dong, Busan, which was going to the multi-sea area in the multi-sea area.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B (alias) and C;

1. Sending of data related to requests for investigation cooperation;

1. Application of Acts and subordinate statutes on the analysis ofCCTV data;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of 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 thus, the competent authority pursuant to