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(영문) 부산지방법원 2020.11.13 2020고단3134
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 13, 2020, the Defendant, at around 09:50 on May 13, 2020, committed an indecent act by force against the victim, who is walking the road on the front side of the Busan Jin-gu B building (n, 21 years of age), with one hand, who am her right side of the victim, her flock turn on one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Where a conviction against the defendant is finalized as to the crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, 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 a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant’s exemption order or notification order of personal information, it is determined that there are special circumstances that may not be disclosed or notified of personal information pursuant to 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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