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(영문) 부산지방법원 2020.04.24 2020고단563
강제추행
Text

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

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

Reasons

Punishment of the crime

On January 1, 2019, at around 02:40, the defendant committed an indecent act against the victim by inserting his/her chest in C waiting room where the defendant was employed as security guard. At around 02:40 on January 1, 2019, the defendant laid his/her fingers into C waiting room where the defendant was employed as security guard (the name of the victim, the age of 60) and the conversation with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of partial statement of the police about D;

1. Application of 112 Acts and subordinate statutes to peruse and extract the reported details;

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 following circumstances: (a) Defendant’s age to be exempted from disclosure and notification orders; (b) type of crime; (c) criminal records; (d) criminal records; (c) social benefits expected by the disclosure and notification orders; and (d) the effect of preventing sexual crimes; and (e) disadvantages and anticipated side effects of Defendant’s employment restrictions; and (c) the disclosure and notification of Defendant’s personal information or the issuance of an employment restriction order to children, juvenile-related institutions, etc. and welfare facilities for disabled persons; and (d) thus, there are special circumstances that may not impose an employment restriction order on the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1); (c) the proviso to Article 50(1); and (d) the proviso to

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