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(영문) 부산지방법원 2015.01.14 2014고단8596
강제추행
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 30, 2014, around 23:30 on September 23:30, 2014, the Defendant: (a) had her desire to report the victim E (the 39 years of age) from "D E" located in Busan Jung-gu, Busan; (b) had her sexual organ committed indecent act by force against the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph the CCTV screen to the same;

1. Article 298 of the Criminal Act applicable to the crimes;

1. On November 8, 2013, the Defendant: (a) was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act by the Busan District Court on the part of June, 2013; and (b) the judgment became final and conclusive on the 16th of the same month; (c) even during the grace period, the instant crime was committed; (d) the degree of indecent act is not weak; and (e) the victim is demanding a strict punishment.

However, in the case of this case, when the sentence of imprisonment is imposed, a fine shall be selected in consideration of the fact that the defendant is somewhat harsh in terms of the place where the above suspension of execution will be invalidated.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order is determined to be a special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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