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(영문) 부산지방법원 2019.01.14 2018고단4708

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 15:00 on August 7, 2018, the Defendant was forced to commit an indecent act on the part of the victim, such as “When the Defendant was receiving a fice insurance guidance from the victim D (the age of 36) who is an insurance solicitor in Busan Shipping Daegu B, he/she forced the victim to commit an act, such as “I would like to cause why the insurance solicitor would be dwarfed, have to be repaid, have to be repaid, and have to be paid,” by raising his/her hand on the victim’s bucks.

2. At around 12:30 on August 8, 2018, the Defendant committed an indecent act by force on the part of the victim, by holding the victim in front of the first floor F Bank of the building in the Busan East-gu, Busan, the first floor F Bank, where the victim was involved in insurance-related talking with the customer waiting in the first floor of the above building by holding the victim in front of another customer’s telephone. While the victim was called for another customer, the victim was able to have the victim’s her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

2. Selection of an alternative fine for punishment;

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. The Criminal Procedure Act;