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(영문) 부산지방법원 2020.04.24 2020고단247
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 15, 2019, at around 23:30 on October 23:30, 2019, the Defendant drinked with C, who is an employee, with the victim’s main shop located in Busan B, and the victim saw the victim as her arm's length in order to smoke tobacco, and the victim spadly spadly spadly spadly spad from the victim’s room in the damaged toilets.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to photograph the contents of letters;

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. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information

In full view of the Defendant’s age to be exempted from disclosure and notification orders and employment restriction orders, type of crime, criminal records, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and expected side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of Defendant’s personal information or the issuance of employment restriction orders to children, juvenile-related institutions, etc. and welfare facilities for disabled persons should not be ordered. Thus, pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 59-3

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