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(영문) 부산지방법원 2019.05.13 2019고단660
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 January 4, 2019, at around 09:20, the Defendant discovered the victim E (32 years of age) who was waiting for the bus in front of the bus stops (D) in Busan City, the bus stops (stop) in Busan City, on January 4, 2019, and committed an indecent act by force against the victim, since the victim's her son's son's son's son's son's son's son's son's son's son's son's son

Summary of Evidence

1. Defendant's legal statement;

1. A victim's statement prepared in E;

1. Application of CCTV photographs and CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

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

5. 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, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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