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(영문) 부산지방법원 서부지원 2019.07.12 2019고단686
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

At around 21:40 on December 4, 2018, the Defendant, while drinking alcohol at the “C” age club located in Seopopo City B and drinking alcohol at the park, she was under the influence of the victim D (51 years old), who was danced around the club, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and F;

1. Investigation report (the current situation, etc. at the time of withdrawal);

1. Application of each Act and subordinate statutes to the C Age CCTV video CDs;

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 reason for sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by a defendant on the ground of his/her birth site access to the victim and committing the same crime as the stated in the judgment is not good.

However, considering the fact that the victim was the prior wife of the defendant, there is no criminal record of the same sex offense against the defendant, and the social relationship of the defendant is clear, the circumstances favorable to the defendant.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.

Where a conviction becomes final and conclusive with respect to a crime in which personal information is to be submitted, the defendant constitutes 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 is obligated to submit personal information to the competent agency pursuant to

It seems that the completion of a sexual assault treatment program will be effective to prevent recidivism to a certain extent, only in the case of disclosure order and notification order, exemption of employment restriction order, registration of personal information, and sexual assault treatment program.

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