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(영문) 부산지방법원 2019.10.07 2019고단2286
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A(33 years of age, South) has no relationship with the victim B(26 years of age, women), and the victim C(28 years of age, women). The victims are playing together with the E clubs located in Busan in Seoul. A.

On September 16, 2018, the Defendant committed an indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) committed an indecent act on the part of the victim B by making the victim B drinking alcohol together with the victim B in the E clubs located in Busan-gu Busan-gu, Busan-do, and making the part of the female booming twice as his/her hand, and making the victim’s hand booms by continuously holding the victim’s hand.

Accordingly, the defendant committed an indecent act against women in an entertainment tavern densely concentrated with the public.

B. The Defendant assaulted the victim in a way that the victim’s cell phone, who was in his possession of the victim’s her own cell phone on the ground that the victim’s b, who was in the conduct of the victim C, was following the victim C in the same place, was unable to act by himself/herself.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, B, and F;

1. Application of Acts and subordinate statutes to report internal investigation (the relative monetary content for the employee of a club);

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 260 (1) of the Criminal Act and the selection of each fine;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

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

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

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

6. The registration of personal information in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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