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(영문) 부산지방법원 2014.08.13 2014고단3321
강제추행
Text

A fine of two 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

At around 00:30 on November 24, 2013, the Defendant, along with the “D” restaurant located in the Busan Seo-gu, Busan, as well as E, his women-friendly job offers victim F (the age of 26). While drinking, the Defendant used several parts of the victim’s et al. by hand between the above E and the victim’s stroke, the Defendant she committed an indecent act by force on the part of the victim, on his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness F and G to the Acts and subordinate statutes;

1. Selection of a fine in consideration of the relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the degree of an indecent act and the fact that there is no record of criminal punishment;

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

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant and defense counsel stated that the defendant and defense counsel did not memory under the influence of alcohol at the time of the crime of this case.

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