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(영문) 부산지방법원 2015.03.04 2013고단707
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 September 12, 2012, at around 08:05, the Defendant: (a) discovered that the victim B (n, 25 years of age) was coming from a bus stop in front of the new elementary school located in the Dong-dong 3, Seo-gu, Busan, Seo-gu, Busan, coming from the direction of the old chill field in the new elementary school. (b) found that the victim B (n, 25 years of age) was coming from the chill in his body and coming from the canter in the body, and committed an indecent act by force against the victim.

Summary of Evidence

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012), the Defendant is a person subject to registration of personal information under Article 2 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012). Therefore, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 5(1) of the Addenda to the Act on Special Cases concerning

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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