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(영문) 부산지방법원 동부지원 2017.03.08 2016고단2657
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

On November 16, 2016, at around 01:17, the Defendant committed an indecent act by force against the victim by making the victim’s right knife one time with his knife on the part of his knife with his knife with his knife and knife with his knife with his knife on the part of his knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports, CCTV video photographs, credit card receipts, card use records, CCTV video CDs, and CCTV photograph data;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

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

1. Article 47(1) and Article 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 Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In light of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and the following circumstances are comprehensively taken into account the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure order and the notification order of this case, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who registered personal information becomes final and conclusive, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, personal information is provided to the competent agency pursuant to Article 43 of the same Act.

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