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(영문) 부산지방법원 2016.06.22 2016고단766

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 1, 2016, around 01:50, the Defendant committed an indecent act on the victim’s physical and mental loss on the part of the victim, such as the victim D (WD, 68 years old) who was divingd in Busan, Seo-gu, Busan, about 01:50, in order to report and commit an indecent act against the victim D (the victim 68 years old) who was divingd at that place, and the victim was seated on the right side of the victim, and the victim was seated on the part of the victim’s left side and the buckbuck part on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of six closure photographs to six Acts and subordinate statutes;

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (including the first offender, the depth of the crime, and the fact that the degree of the criminal conduct is not serious);

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. Where a conviction becomes final and conclusive in regard to the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, 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 to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.