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(영문) 부산지방법원 2020.02.13 2019고단5412
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 33 years of age) are the first relationship.

On October 13, 2019, around 01:40 on October 13, 2019, the Defendant committed an indecent act by force against the victim by her knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Investigation report (on-site CCTV verification);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs);

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act.

5. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the Defendant may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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