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(영문) 부산지방법원 2015.09.10 2015고단3822
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 11, 2015, at around 23:30, the Defendant committed an indecent act on the part of the victim E (the age of 25) who was sitting in the next table of the victim E (the age of 25) who was under drinking alcohol, with the Defendant’s refusal to commit indecent act by force on the part of the victim, such as thrhing the victim’s mind to force indecent act by force.

2. Around 00:05 on April 12, 2015, the Defendant, at the same place, committed an indecent act against a female by force, such as: (a) the victim F of the instant E’s words “F” (hereinafter, 28 years old) who had danced at a stage and returned to the table table; (b) the victim’s side to the victim who was seated, she was at the seat of the victim; (c) the victim she was frightd with the victim’s mind to force indecent act; and (d) the Defendant forced her female to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of CCTV image CDs and caps to the Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

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

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

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification 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 Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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