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(영문) 부산지방법원 동부지원 2014.01.08 2013고단2868
강제추행
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

At around 04:00 on July 24, 2013, the Defendant, at the home of the victim D (Woo, 29 years of age) located in Busan Metropolitan City Shipping Daegu C building 403, she drinked with the victim with drinking alcohol. At the same time, the Defendant, she was frightd with the victim's lock clothes locked from the room floor, and she committed indecent acts on the victim's chests and frights through several times.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

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

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration 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 to the chief of the competent police station (Provided, That where a person subject to registration is confined in a correctional institution or a medical treatment

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, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the Defendant shall not be ordered to disclose personal information 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. Thus, the Defendant shall not be ordered to disclose personal information.

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