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(영문) 부산지방법원동부지원 2020.10.30 2019고단930
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

피고인은 2019. 5. 20. 20:30경 부산 해운대구 B 호텔 1층에 있는 카지노 스낵바 앞에서 냅킨을 정리하기 위해 스낵바 앞에 서 있던 피해자 C(여, 26세, 가명)의 옆을 지나가면서 왼손으로 피해자의 허리 부위를 쓰다듬듯이 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Application of CCTV Acts and subordinate statutes to the police interrogation protocol C to the police interrogation protocol of the defendant

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. 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

The Defendant exempted from order to complete a program is determined to have special circumstances under which it is impossible to impose an order to complete a program under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on an Foreigners of Kazakh's Nationality, because communication in Korean is not smooth. Thus, the Defendant may not sentence the Defendant to complete a program pursuant to the proviso to

The fact that the defendant exempted from the disclosure notification order and the employment restriction order does not have any history of criminal punishment, the fact that the registration of personal information alone seems to have the effect of preventing recidivism, the fact that the defendant's present whereabouts is unknown and the effectiveness of the disclosure notification order and the employment restriction order is not relevant. In addition, the defendant's age, the background and result of the crime in this case, social benefits expected by the disclosure notification order and the employment restriction order, and the effectiveness of the crime in this case, and

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