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(영문) 부산지방법원 동부지원 2020.06.04 2020고단361
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 00:30 on December 1, 2019, the Defendant, while drinking alcohol together with the victim D (n, 30 years of age) who is a member of the same club in Suwon-gu, Busan (C), committed an indecent act by force against the victim, by inserting his hand into the victim's upper part of the body, inserting his hand into the victim's upper part of the body, inserting his hand into the panty part, putting his hand into the panty part, making the victim's conspiracy into the panty part, and forcing the victim to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 299 of the Criminal Act and Articles 299 and 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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, and is obliged to submit personal information

In full view of the fact that there is no record of criminal punishment against the defendant due to a sex offense, the registration of personal information and the completion of a sexual assault treatment program can be effective to prevent the recidivism, and other circumstances such as the defendant's age, family environment, social relationship, occupation, the course and result of the crime in this case, social benefits expected by the disclosure notification order and the employment restriction order, the effect of preventing sexual crimes, and the disadvantage and anticipated side effects of the defendant, it is determined that there is a special circumstance that the defendant's personal information should not be disclosed or notified, or the defendant's employment restriction should not be ordered to a child or juvenile-related institution, etc.

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