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(영문) 부산지방법원 2018.11.21 2018고단3750
강제추행
Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On July 5, 2018, around 23:00, the Defendant, at the main point of "D" located in Gold-gu, Busan, drinking alcohol, and at the same time, the Defendant, an employee E (n, 21 new ones) of the victim E (n, 21 new ones) who was employed in the carcter, was involved in drinking alcohol.

As a result, the defendant committed an indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to E and F;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The reason for sentencing is that the defendant's personal information should not be disclosed, taking full account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant appears to have committed the crime of this case in a sudden manner while drinking; (c) he/she was aware of his/her crime; (d) he/she committed the crime; (e) he/she was aware of his/her mistake; (e) he/she has already agreed with the victim after the crime; (e) there has yet to be any history of punishment for sexual crimes; and (g) other records such as the defendant's age, sex behavior; and (e) the profits and preventive effects expected by the disclosure or notification order of registered information to the defendant; and (e) disadvantages and side effects therefrom.

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, it is not good that the defendant committed an indecent act by force since he met the negative part of the victim who is an employee at the main point.

Defendant’s crime.

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