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(영문) 부산지방법원 2020.03.25 2020고단148
강제추행
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant dices alcohol together with drinking in the “Ccafeteria” located in Busan Jung-gu B and the first floor.

A victim D (a person) is a customer with the above main points, and the victim E (a person) is an employee.

1. On July 6, 2019, the Defendant: (a) around 01:05 on July 6, 2019, when she was walking in the direction of entrance after drinking and drinking, she was sitting in the chair and dialogueed with the driver; and (b) she was allowed to collect the fingers of the victim D (one person) who fright to drink and drink and talk with him/her.

2. The Defendant, at the time and place specified in paragraph 1, was spawned by the victim E (a family name) for the foregoing reason, and the Defendant was spawned with his her neck in his/her hand.

Accordingly, the defendant committed indecent acts against the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the relevant Acts and subordinate statutes to video CDs and photographs;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act 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 obliged to submit personal information

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the preventive effect of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., the Defendant’s personal information shall be disclosed and notified, or children and juveniles-related institutions, etc.

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