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(영문) 부산지방법원 2017.04.27 2016고단7805
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is "D" a temple in Busan Jin-gu C.

At around 15:00 to 16:00 on November 23, 2015, the Defendant: (a) placed the victim E (n, 59 years of age) who was found to be in order to undergo the treatment on the top of the body of the victim; (b) laid the victim’s head on the top of his/her head; (c) laid the victim’s head on the top of his/her head; (d) laid the victim’s head on the top of his/her head; and (d) laid the chest into the part on the part on the part on the victim’s head; and (e) laid the her chest into the part on the part on the part on the part of the victim; and (e) laid the chest into the victim’s side; and (e) laid the chest into the part on the part on the part on the part on the part on the part of the victim; and (e) laid the chest, she committed an indecent act by force.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Act and subordinate statutes concerning witness F's legal statement;

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

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

3. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Completion of Sexual Crimes.

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

5. 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 in accordance with Article 43 of the same Act.

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