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(영문) 창원지방법원 2013.12.17 2013고단2361
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 10, 2013, the Defendant: (a) was a physical therapy physician with D’s static surgery in Sungwon-si, Sungwon-si; (b) was under the physical therapy of the victim E (or 47 years of age) in the above static surgery and the sixth physical therapy room on July 10, 2013; and (c) was under the victim’s spane and panty kne; (d) was under the victim’s spane and panty kne; and (e) committed an indecent act by force, such as using her hand and drinking with kne.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be determined that there are special circumstances where disclosure or notification of personal information may not be ordered

The reason for sentencing is that the defendant, who is a physical clinic, has trusted the patient.

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