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(영문) 부산지방법원 2015.11.04 2015고단5807
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 July 5, 2015, the Defendant, at around 00:00 on July 5, 2015, engaged in an indecent act by force against the victim E (the age of 25) who was in the future, after drinking alcohol at the Djux of Busan Dong-gu C2, Busan, and then in calculating the drinking value in front of the carter.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

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

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

1. Where a conviction of a sex offense subject to the registration of personal information of this case is finalized under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 the accused is obligated to submit the personal information of the accused

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 entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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