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(영문) 부산지방법원 2018.12.17 2018고단4061
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 3, 2018, the Defendant: (a) 16:25, around August 3, 2018, at the 4th floor parking lot of “C Burial located in Busan, Busan, the Defendant: (b) brought the victim’s bath to “Chewing kacks that would have caused the death of the victim”; and (c) assaulted the victim’s hacks on his hand.

2. The Defendant, who was forced to commit an indecent act, is forced to kis anywhere in the victim’s kis on the ground of the preceding one at the time and place set forth in the preceding one, and on the ground of the preceding one.

"A indecent act was committed on the part of the victim by making the victim's dancing with the victim's entrance."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 260 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 298 of the Criminal Act, and the choice of each fine concerning the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

[Determination]

6. Where a conviction of an indecent act among the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant shall be convicted.

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