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(영문) 부산지방법원 2014.11.26 2014고단6997
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 21, 2014, at around 17:25, the Defendant found that the victim C (the 35-year old age) was coming from the original spons and went up, and committed an indecent act by force by using the victim’s parts on the left hand in the left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes governing the criminal place

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

1. Penalty of a fine not exceeding two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (Conversion into 100,000 won per day);

1. Where a judgment on the registration of personal information becomes final and conclusive in accordance with Article 59(1) of the Criminal Act (including the fact that there is no other previous conviction after being sentenced to a fine of KRW 300,000 for a violation of the Punishment of Violences, etc. Act in 190 and the defendant is a intellectual disabled person, and that there is no specific degree of indecent act in light of the time, place, and method of indecent act, etc.), 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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