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(영문) 부산지방법원 서부지원 2019.03.28 2018고단1980
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 3, 2018, at around 00:10 on March 3, 2018, the Defendant committed an indecent act by force by putting the victim on knee, knee, knee, knee, and knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's recording of each statement in the second trial records;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to a criminal investigation report (the screen of a closure of the F dialogue between the victim and the suspect);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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 the defendant is obligated to submit personal information to the head of a police

In full view of the Defendant’s age, occupation, social relation, risk of recidivism, motive and method of the instant crime, consequence of the instant order, disclosure order, notification order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances under which personal information should not be disclosed or notified, or employment should not be restricted to child or juvenile-related institutions, etc.

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