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(영문) 부산지방법원동부지원 2020.12.16 2020고단1332
강제추행
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 18, 2020, at around 15:35, 2020, the Defendant pushed the victim C (the age of 32) who was waiting for an elevator at the first floor of the Busan Shipping Daegu building, and was in mind of committing an indecent act against the victim. The victim, who was able to see the front of the Defendant, was the Defendant’s fault, and was in violation of the victim’s arm’s length with the Defendant’s fault, and the victim’s indecent act by force against the victim’s forced act on the part of the Defendant.

Summary of Evidence

1. Voluntary reporting on the police statement of the defendant with regard to the defendant's partial statement C, and the application of the CCTV-related Acts and subordinate statutes to the copy;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the accused 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. Therefore, the accused is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities can be seen to have the effect of preventing re-offending even if the defendant registers personal information and orders to complete sexual violence treatment programs, and other social benefits expected by the disclosure order, notification order, and employment restriction order, and adverse effects

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