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(영문) 부산지방법원 2019.03.27 2018고단5411

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

At around 04:00 on September 17, 2018, the Defendant tried to go back to the instant singing practice room located under the ground of the judgment of the court below. On September 17, 2018, in front of the “Cing practice room” located in the Busan Dong-gu, Busan, the Defendant, “Cing room,” the victim D (Winging, 32 years of age), who was going together with the male-gu, with the male-friendly room.”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes applicable to filing of complaint;

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

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 the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 49(1) 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; motive, method, result and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entrance due to an order to disclose or notify information; the preventive effect of the sexual crime subject to registration that can be achieved thereby; the effect of protecting victims; etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an employment restriction order, shall not be disclosed or notified in comprehensive consideration of the defendant's age, family environment and social relationship, history and motive of the crime; the method and consequence of the crime; and the risk of recidivism, etc.