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(영문) 부산지방법원 2019.02.18 2018고단5744

강제추행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 08:20 on December 4, 2018, the Defendant found out the victim D(19 years of age) who was divingd within the 2nd floor c hot spring 2 located in Young-gu, Busan City, Do, and committed an indecent act by force against the victim by using the victim's sexual organ as clothes with other hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes;

2. Selection of an alternative fine (including the absence of any past criminal record and the fact that an agreement has been reached with the victim).

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

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

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempt from an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social relationship, criminal records, risk of recidivism, order of disclosure and notification, benefits and effects expected by the order of restriction on employment, disadvantage and side effects of the order, etc. shall be comprehensively taken into account, and there are special circumstances in which the disclosure or notification of Defendant’s personal information shall not be ordered

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 the competent agency