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(영문) 부산지방법원 2021.01.11 2020고단3862
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 May 3, 2020, the Defendant returned home from the victim C (the 25 years of age) located in the Busan Jin-gu B and the 25 years of age) of Busan Jin-gu around 06:0 to the victim C (the 25 years of age), and the above E while drinking with E and alcohol, and the victim, who was living at the kitchen, was living at the kitchen, was able to see the victim's face with his hand, let the victim take care of the victim's face, let the victim take care of the victim's shoulder, let the victim knife each part of the victim's shoulder, and then I am to the victim's suffering.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against a defendant is finalized on the facts constituting a crime in which he/she should register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected to be expected by an order to disclose or notify information, and the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, or an employment restriction shall not be ordered to institutions related to children, juveniles, etc. and welfare facilities for disabled persons, such as children, juveniles, etc., and employees

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50 of the Act on the Protection of Juveniles from Sexual Abuse.

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