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(영문) 부산지방법원 2021.02.10 2020고단1506
강제추행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 27, 2020, at around 02:51, the Defendant committed an indecent act by force by taking over the victim D (n, 22 years of age), the employee, and the family head's right chests of the female, in the front passage of the smoking room in the Sinsi-gu, Busan, Sinsi-gu, Busan, by taking over the victim D (n, 22 years of age), the employee.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation into the statement of the police concerning D ( Receipt of on-site photographs, IP CCTV-cap photographs);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

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

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. Where a conviction against a defendant is finalized on the facts constituting a crime in which he/she should register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected to be expected by an order to disclose or notify information, and the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, or an employment restriction shall not be ordered to institutions related to children, juveniles, etc. and welfare facilities for disabled persons, such as children, juveniles, etc., and employees

Therefore, pursuant to Articles 47(1) and 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), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act, a disclosure order, notification order, and employment restriction order shall not be issued to the accused.

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