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(영문) 부산지방법원 2017.09.25 2017고단2818
강제추행
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 26, 2017, at around 21:00, the Defendant committed an indecent act by force against the victim by making the victim F (the age of 31) seated on his own side of his own port while sitting in the second round of 'E restaurant located in Busan Jung-gu, Busan (hereinafter referred to as 'E restaurant') and sitting in the second round of 'E restaurant'. The Defendant committed an indecent act against the victim by forcing the victim to sit in the seat above the damaged side of his own port, putting the victim's hand over several times, cutting off the back the back, cutting down the victim's hand, cutting down the victim's hand back to his port, cutting down the victim's hand on the back of his own port, cutting down the victim's right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigative report (to attach visual images toCCTV);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

2. Selection of an alternative fine for punishment;

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

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

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of 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 the competent agency pursuant to Article 43 of the same Act.

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