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(영문) 부산지방법원 2020.02.21 2019고단6013
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is an in-service customer with no convenience store, and the victim B (the male and the age of 23) is an employee of convenience store.

On September 21, 2019, between September 21, 2019 and 19:12, the Defendant: (a) had been under the influence of alcohol in Busan Dong-gu C, and (b) had four parts of the victim’s right shoulder in front of the left hand and only one part of the right chest in the process of purchasing drinking to customers with the above convenience points in the condition of drinking within the D convenience points; and (c) having the victim injured the victim on credit.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of CCTV images CDs and respective photographic Acts and subordinate statutes;

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

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 effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of Defendant’s personal information or the issuance of employment restriction orders to children, juvenile-related institutions, etc. and welfare facilities for the disabled are prohibited. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children

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