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(영문) 부산지방법원 2018.07.25 2018고단995
강제추행
Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

The Defendant, around 01:30 on July 11, 2017, while drinking alcohol together with D and the victim E (the 28 years old) who is a de facto marriage spouse at his own house located in Busan East-gu, Busan-gu, with his own house, and who is a woman of D and E (the 28 years old).

Tanks are tanked. The victim's buckbucks were stored in hand.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

4. The reason for sentencing is that the disclosure of the personal information of the defendant should not be made in comparison with the profits expected by an order to disclose or notify the registered information, preventive effects, disadvantages and side effects resulting therefrom, etc. under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of the registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children from Sexual Abuse (the defendant committed the crime of this case under the influence of drinking, the degree of conduct seems not to be severe, the recognition of his/her crime, the fact that he/she committed his/her mistake, the fact that he/she has already agreed with the victim, the fact that there is no history of punishment for sexual crimes, and other circumstances indicated in the records, such as the defendant's age, sex, occupation, environment, family relationship, etc.

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing; and

In this case, the defendant forced the victim to bucks where he drinks with the victim during night.

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