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(영문) 부산지방법원 2018.07.16 2018고단1740
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 26, 2017, at around 10:40, the Defendant continued to put up the victim with the “EVD room” located in Busan Jung-gu, Busan, as well as with the victim G (n, 27 years of age) who is a member of the “F,” and took a film to be expected to be exposed to a small wave, etc. located therein, the Defendant committed an indecent act by force by forceing the victim, even though the Defendant was able to wear the victim’s arms and shoot the victim’s body to the Defendant, while she was pushed up the Defendant’s shoulder, and the Defendant committed an indecent act by force against the victim by forceing the victim by force, as the Defendant’s left chest part of the victim’s chest turn up to 2 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

2. Selection of a selective fine for punishment (the punishment shall be imposed by a fine, considering favorable circumstances, such as the following: (a) the degree of punishment is not easy; (b) the victim is the primary offender who has no record of crime; (c) the time when committing a crime is committed in this court; and (d) some of the circumstances that may be taken into account in the course of committing a crime, etc.);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

6. The registration of personal information of § 334(1) of the Criminal Procedure Act, which is subject to provisional payment order.

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