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(영문) 부산지방법원 2015.02.11 2014고단10214
강제추행
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 3, 2014, at around 03:00, the Defendant, within the "Crupbab" in Sabababbabb, " female lbab" located in Sababbabbab, and the victim D (26 years old), who was locked at that place, was able to sit back next to the victim, so that the victim's her mbabab was s

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a fine in consideration of the fact that the punishment is not relatively much severe than the extent of indecent conduct in the choice of punishment and that the defendant is the primary offender;

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

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 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 obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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