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(영문) 부산지방법원 동부지원 2015.01.28 2014고단1708
강제추행
Text

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

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

Reasons

Punishment of the crime

On July 10, 2014, around 14:58, the Defendant discovered the victim E (M, 19 years of age) (M,) who was walking on the opposite side of the way to walk on the way, and committed an indecent act by force on the part of the Defendant’s left her part by making his mack with his left mack on one occasion.

Summary of Evidence

1. Application of the respective legal statements of E and F to the Acts and subordinate statutes;

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. It is recognized that the reason for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant has no previous conviction

However, considering the fact that the nature of the crime of this case is not good, that is not agreed with the victim, the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime of this case, the punishment shall be determined as ordered.

Where a conviction becomes final and conclusive on the criminal facts of this case against a defendant who shall submit personal information, the defendant constitutes 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved therefrom, the preventive effects of sexual crimes subject to registration, the effect of protecting the victims, etc., the Defendant shall not disclose and notify 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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