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(영문) 부산지방법원 2017.11.08 2017고단4814

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 16, 2017, at around 02:47, the Defendant committed an indecent act by taking out the victim’s sexual organ back to the victim D (24 tax, south) in a situation where it is impossible to resist at that place, at a soup room of C Sari or 7th floor located in Busan B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Selection of an alternative fine for punishment;

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 of an indecent act committed in the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.