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(영문) 부산지방법원 서부지원 2017.11.15 2017고단1179
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 11, 2017, the Defendant: (a) committed an indecent act by force against the victim by using his arms in two arms, as it was divided between the victim D (n, 23 years of age) and the talk in the Cudio Cudio-gu, Busan on April 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Legal mitigation under Articles 11 and 55 (1) 6 of the Criminal Act (Agricultural-mutes);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, profits and preventive effects expected due to the instant disclosure order and the instant notification order, disadvantages and side effects, etc., there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed, taking into account the following:

If a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under 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 competent agency pursuant to Article 43 of the same Act.

The punishment shall be determined on the grounds of sentencing in consideration of the nature of the crime in this case, but it is not against the victim, the agreement with the victim, the same kind of punishment and the past ten years, and the fact that it is a disabled person.

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