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(영문) 부산지방법원 2017.11.22 2017고단2493

강제추행등

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

1. The Defendant is a person who is engaged in the distribution business, and is a customer of the main office operated by the victim C.

피고인은 2016. 12. 26. 00:30 경 D에 있는 ‘E’ 룸 안에서 피해자와 함께 술을 마시던 중 옷을 입은 채 피해자 엉덩이에 자신의 성기를 맞대고 성관계 시늉을 하며 피해자의 가슴을 만지는 방법으로 추행하였다.

2. The Defendant committed assault in the same date, at the same place, twice knee, and three times, knee, knee, of the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the attachment of a written statement and written statements);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Criminal Act (a point of violence);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of 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 effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.