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(영문) 부산지방법원 서부지원 2020.05.14 2019고단2586
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

On November 7, 2019, at around 20:10, the Defendant discovered the victim D (here, 34 years of age) who was walking along the road in front of the "C" apartment building B, Busan, and Dag himself brought about the victim. After doing so, the Defendant her escape by driving away from the victim, and led the victim to force the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (the verification of residential areas and neighboring CCTVs);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The effect of the Defendant’s age, family environment, and social ties of the Defendant under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (hereinafter “Act”), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the method and consequence of committing a crime, risk of recidivism, risk of restriction on employment, disadvantage inflicted on the Defendant and the sex offense that may be achieved therefrom.

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