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(영문) 부산지방법원 동부지원 2016.04.20 2015고단2298
강제추행
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

피고인은 2015. 8. 13. 15:50 경 부산 기장군 C, D 도서관 지하 1 층에서 피해자 E( 여, 17세 )를 뒤따라 엘리베이터에 탑승하여 피해자의 오른쪽에 붙어 선 후 피해자를 살펴보다가 위 도서관 3 층에서 엘리베이터를 내리면서 왼쪽 손등으로 피해자의 엉덩이 부위를 스치듯이 툭 쳐 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (video recording for victims), video recording CDs;

1. Investigation report (the analysis of CCTV image data at the place of crime, the attachment to CD storage), CCTV image data printing, and the application of CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 21 (2) and (4) of the Act on the Protection of Sex Offenses of Children and Juveniles who have completed a program;

1. There is no record that the accused has been punished for a sex crime and the characteristics of the instant crime, etc., that there is a risk of recidivism of a sexual crime committed against the accused, in light of the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses against Children exempted from disclosure and notification orders;

In cases where a judgment of conviction on the criminal facts of this case becomes final and conclusive with respect to the defendant who has registered personal information of this case, in full view of the defendant's age, family relationship, background and process of the crime of this case, benefits and preventive effects expected by the disclosure order and the notification order of this case, and disadvantages and side effects, etc., the defendant constitutes a person subject to registration of personal information of this case under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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