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(영문) 부산지방법원 2017.10.11 2017고단3910
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 26, 2016, at around 08:40 on December 26, 2016, the Defendant committed an indecent act by forcing the Defendant to walk on the crosswalk at the crosswalk at the entrance of the Busan National Library C, by blocking the front of the victim E (a person under family name) in order to stop the front of the victim E (a person under family name) and by driving on the chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Selection of selective fine for punishment (the defendant reflects on the crime, and the family members of the defendant will also endeavor to prevent recidivism;

(3) in the case of the United States

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

1. There are extenuating circumstances in which it is impossible to impose an order to complete a program on the accused in light of the recognition ability, etc. of the accused under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc.

[Judgment]

1. 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 relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is subject to the proviso of 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 of Children and Juveniles against Sexual Abuse.

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