logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.02.22 2017고단5248
강제추행
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

On September 15, 2017, around 20:05, the Defendant committed an indecent act by force against the victim E (30 years old, female) who was flick in the front of D in Busan East-gu, Busan-dong, on one occasion, while she was walking along D on the road in Busan-dong C.

Summary of Evidence

1. Statement made by the police for E;

1. The application of CCTV images (the Defendant and his defense counsel denied the instant crime, but in particular, according to the CCTV images, the following evidence is recognized: (a) the Defendant intentionally got out of his arms; and (b) the application of the law to the CCTV images.

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

2. Selection of selective fine for punishment (the fact that no criminal history exists and the crime is denied, but the degree of indecent act is serious;

Considering the fact that does not appear, 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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.

arrow