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(영문) 부산지방법원 2020.11.27 2020고단3531
강제추행
Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 22:00 to 23:0 on August 2018, 2018, was able to cover up the boom of the victim who was sitting on the right side of his own left side while he was in a meeting with the company fees, including the victim D (at the age of 25), and was able to cover up with the victim’s hand, and rhythly write down the victim’s left side bridge with the victim’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 order, type of crime, criminal process, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, 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 disclosure and notification of the Defendant’s personal information or the order of restriction on employment is prohibited in child and juvenile-related institutions, etc. and welfare facilities for disabled persons, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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