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(영문) 부산지방법원 2020.01.13 2019고단5806
준강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant A (Nam, 38 years old) is a person who runs real estate brokerage business.

On July 4, 2019, around 02:40, the victim D (manam, 62 years of age) was locked in the C Sarido or the fourth floor resting room located in the Dong-gu Busan Metropolitan City, and the victim D (manam, 62 years of age) was able to make an indecent act by reporting that the victim was locked in the above room room with the intention of committing an indecent act.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the victim;

1. A report on investigation;

1. Investigation report (a private statement or employee's statement);

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 299 of the Criminal Act and Articles 299 and 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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the necessity of order to complete program is less and the defendant plans to reside overseas for a long time, since the risk of recidivism by the defendant is not high considering the circumstances surrounding the crime in this case).

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 in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 to the competent agency pursuant to Article 43(1) of

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, disclosure order or notification order.

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