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(영문) 부산지방법원 동부지원 2016.12.21 2016고단1890

강제추행

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 23, 2016, at around 09:09, the Defendant committed an indecent act against the victim by reporting the victim D (at the age of 25) who was exposed to a cell phone while walking along the road in the south-gu Busan metropolitan area, and taking a sexual desire to report it to the victim D (at the age of 25), thereby committing an indecent act on the victim by using the victim's right knift tran in his hand against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on investigation reports (related to the verification of the site of occurrence);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles Sex Offenses (the Defendant has no record of punishment for a sex offense, and the characteristics of the instant crime, etc. are hard to readily conclude that the Defendant has a risk of recidivism of a sexual crime; personal information registration and the completion of sexual assault treatment programs are likely to cause the recidivism effect to a certain extent; and other circumstances, comprehensively taking account of the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure and notification orders of this case, and disadvantages and side effects of the instant order, etc., the Defendant’s personal information is 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 Defendant constitutes a person subject to registration of personal information under Article 43 of the same Act.