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(영문) 부산지방법원 2018.08.20 2018고단3075
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 25 years old) are between the patient in an emergency room and the nurse in a DNA emergency hospital.

On April 27, 2018, around 15:52, the Defendant committed an indecent act against a female by force, on the following grounds: (a) the victim’s left chest, who was pushing his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part of his/her part,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

2. Selection of an alternative fine for punishment;

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

4. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (special circumstances to exempt the defendant from order to complete program in light of the age, health conditions, etc.

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

[Determination]

6. 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 competent agency pursuant to Article 43 of the same Act.

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