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(영문) 부산지방법원 2015.07.15 2015고단1577
강제추행등
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 January 23, 2015, around 23:55, the Defendant committed an indecent act by force on the part of the victim E (V, 40 years old) who was located in the Dong-gu Busan Metropolitan City, DJ clubs, and toileted in the rest of the victim E (V, 40 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment becomes final and conclusive 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, the accused is 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

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 the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

Public Prosecution Rejection Parts

1. Summary of the facts charged

가. 폭행 피고인은 위 범죄사실 기재 나이트클럽에서 위와 같은 피해를 당한 피해자가 놀라 소리를 지르며 피고인을 붙잡자 손바닥으로 피해자의 코 부위를 1회 치고, 피해자에게 "뭐, 뭐, 씨발년, 좆같은 년, 미쳤나"라고 욕을 하면서 피해자를 밀치고, 피해자에게 발길질을 하는 시늉을 하여 피해자를 폭행하였다.

(b) Defluence.

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