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(영문) 부산지방법원 2014.06.11 2013고단7511
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 12, 2013, around 04:32, the Defendant stated that the victim E (here, 19 years of age) passed in front of the ‘D' restaurant in Busan Jung-gu, Busan (hereinafter referred to as 'D' in the middle-gu, Busan) is D, and "I do so a day, so far as I do so, I do so." The Defendant committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Statement made by witnesses E in the second protocol of the trial;

1. Application of each police protocol of statement to E and F;

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 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18,

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 2 of the former Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012). Therefore, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 5(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

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 entry, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, 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 where the disclosure of personal information may not be disclosed or notified.

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