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(영문) 부산지방법원 2014.10.01 2014고단4743
강제추행
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On December 2, 2014, at around 01:25, the Defendant discovered that the victim D (here, 44 years of age) was walking on the front side of the Defendant, and accessed the victim’s behind it, “I am hye,” and then, I am hyely hye the victim’s chest, and hye the victim’s hye, hye, hye the victim’s chest.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

1. Selection of a fine in consideration of the relevant Article of the Criminal Act, the choice of punishment, Article 298 of the Criminal Act, and the degree of indecent act in light of the time, place and method of indecent act;

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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