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(영문) 부산지방법원 2014.07.23 2014고단4319
강제추행
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 17, 2014, at around 00:15, the Defendant committed an indecent act by force on the part of the victim C (here, 22 years of age) located in Seo-gu, Busan, on the main point of “D,” in which the victim C (here, 22 years of age) was employed as an employee, and on the part of the victim, who was living together in front of the carcter and drinking alcohol, using the victim’s right bucks extending out into the carcter as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

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

1. Selection of a fine, in consideration of the relevant Article of the Criminal Act and the choice of punishment, Article 298 of the Criminal Act, the degree of indecent act, the absence of a criminal record of the same kind of imprisonment or a stay of execution of imprisonment with labor or any other criminal record,

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

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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. of Sexual Crimes, and is obligated to submit personal information

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.

The defendant's assertion that the defendant stated that he had no memory at the time of the crime of this case, and that he was in a state of mental disorder or mental disability.

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