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(영문) 부산지방법원 2015.11.12 2014고단8248
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 August 1, 2014, at around 17:25, the Defendant reported the victim D (n, 23 years of age) who was exercising a cell phone sales promotion event in the front of the Busan District of Busan, Busan, and had access to the victim, followed by the victim's face, the Defendant was replaced by the victim's cell phone, and the cell phone continuously felled with the victim's chest and the part of the victim's chest and the part of the knife with his hand, and committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the second protocol of interrogation of the accused to the prosecution;

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. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 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 obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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