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(영문) 부산지방법원 서부지원 2019.08.13 2018고단2281
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 17, 2018, the Defendant, within the C Hospital Emergency Service Center located in Seo-gu, Busan, in Busan, committed an indecent act on the part of the victim by inserting a hand on the bridge between the above victim and making it possible for the victim to take one-time part of the drinking part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 11);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. In full view of the Defendant’s age, family environment, and social relationship under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 11, 2018); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 1506, Dec. 1, 2018); the method and consequence of the crime; the risk of recidivism; the risk of recidivism by an employment restriction order; the preventive effect

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