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(영문) 창원지방법원 마산지원 2021.01.29 2020고단1190
강제추행
Text

Defendant shall be punished by a fine of three million won.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2020, the Defendant: (a) boarded C bus that passed the front road in the Chang-si Mapo-si B in Changwon-si, Changwon-si on October 14, 2020, and was seated next to the victim D (V, 20 years of age) boarding the bus, leading the victim to a buckbbbbb, etc. with the Defendant’s left side elbbbb, and committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each internal investigation report (as to the attachment of the 112 Report List, the attachment of the 112 Report List, the confirmation of the cream records, etc.), and the application of statutes on investigative reports (as to the method of crime, etc

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

Therefore, the defendant is judged.

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