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(영문) 부산지방법원 2020.02.13 2019고단3826
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person of the nationality of Bangladesh who is enrolled in a doctoral degree course at the graduate school of medical science at B University, and is the first relationship with the victim C (n, 23 years of age).

around 03:40 on August 10, 2019, the Defendant committed an indecent act by force against the victim’s her amblock, which had been drinking in the place of Busan Jin-gu D, by moving the amblock in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (investigation into the verification of CCTV at the site);

1. Investigation report (to hear statements by victim C telephone);

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV images verification);

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. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes 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 thus, is obligated to submit personal information to the competent agency pursuant

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for the instant crime, method and consequence of the instant crime, disclosure order, notification order, and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage to be borne by him/her, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, the Defendant is subject to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) of the Act on Welfare of Disabled Persons.

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