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(영문) 부산지방법원 2019.06.24 2019고단934
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 December 1, 2018, around 11:58, the Defendant: (a) discovered the victim D (n, 26 years of age) who was an employee of the above clothing store located in Busan Jin-gu, Busan (C), who was arranging the goods; and (b) committed an indecent act by force against the victim by making the victim’s her knife his knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (limited to attachment of field photographs and CCTV analysis, etc.);

1. Application of C CCTV DV legislation

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

2. Article 10(2) and Article 10(1)6 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018);

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

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

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. Where a conviction against the defendant on the criminal facts in the judgment that a sex crime subject to registration is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is 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 the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age of exemption from disclosure order and notification order, family environment, social relationship, risk of recidivism, motive for committing the instant crime, method and consequence of the instant order, side effects and expected side effects on the Defendant’s sufferings, effects on the prevention of sexual crimes subject to registration that may be achieved therefrom, and effects on the protection of the victims of sexual crimes, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be applied to the Defendant.

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