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(영문) 부산지방법원 서부지원 2019.05.30 2019고단135
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

around 01:00 on October 2, 2018, the Defendant: (a) committed an indecent act by force against the victim, such as, on the part of the victim, the victim, who was the owner of his/her business, and drinking alcohol with the victim; (b) he/she was able to sit in the victim’s side by drinking the toilets; and (c) he/she was able to dance the victim’s own in a manner consistent with the victim’s own entrance; and (d) he/she was able to collect his/her grandchildren from the victim’s clothes on several occasions by inserting his/her fingers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. When a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under 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 head of a police office having jurisdiction

In full view of the Defendant’s age, occupation, social relation, risk of repeating a crime, motive, method, and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that may not disclose or notify personal information or restrict the employment of children and juveniles-related institutions, etc., as such, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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