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(영문) 부산지방법원 서부지원 2018.05.30 2017고단1449
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 December 6, 2016, the Defendant, along with three daily activities on December 6, 2016, is a guest with golf to D, and the victim E (V, age 21, age 21, age 21) is a game assistant (flor) of the said golf course.

1. On December 6, 2016, the Defendant committed the crime on or around 13:00 on December 6, 2016, 2016: (a) stated “D” South (T-Box) No. 4 “D” on December 6, 2016, that the victim was seated onto the seat of the carart in which the victim was driving, and that the victim’s left hand was able to take one-time in charge of the victim’s left buckbuck and “G”; (b) said, the Defendant committed an indecent act by forceing the victim by putting the victim’s left arms on the left shoulder of the damaged person.

2. On December 6, 2016, the Defendant: (a) committed an indecent act by force on the part of the victim on December 6, 2016, on the part of “D” South (T-Box) No. 7 L-South (T-Box) located adjacent to C-Box F on December 6, 2016, when the Defendant was committing a golf act.

Summary of Evidence

1. The legal statement of the witness E;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to a copy of an explanatory note;

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

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

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. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to the obligation to register and submit 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant may sustain due to the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, of the defendant exempted from disclosure order or notification order.

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