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(영문) 부산지방법원 2019.03.27 2018고단3588
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 February 5, 2018, around 18:42, 2018, the Defendant parked Category D truck and discovered the victim E (n, 29 years of age) who sold clothes, etc. before the “C” located in Busan Jin-gu B, Busan, and caused the indecent act by making the victim’s left part of his/her hand only one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 47(1) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime; the motive, method, result and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose or notify the information; the preventive effect of the sexual crime subject to registration which can be achieved thereby; the effect of protecting the victim; etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) proviso to Article 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (the defendant shall not be restricted in considering the defendant's age, family environment and social relationship, history and motive of the crime; the method and consequence of the crime;

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