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(영문) 부산지방법원 동부지원 2019.06.12 2018고단778
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 January 1, 2018, around 02:35, the Defendant: (a) committed an indecent act by force against the victim D (a woman, her name) who was going to purchase beverages in Suwon-gu B, Busan, and in order to purchase beverages within the C convenience store; and (b) committed an indecent act by force against the victim’s left hand.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of two Acts and subordinate statutes to the ctv video caps, the criminal scene of which is recorded;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

1. The sentencing order of provisional payment under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances, including the Defendant’s age, environment, character and conduct, means and result of the crime, and the circumstances after the crime;

Where a conviction on the crime of this case becomes final and conclusive against a defendant who shall file for the registration of personal information and the submission of personal information, the defendant 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 personal information to the head

In light of the Defendant’s age to be exempted from disclosure or notification order, criminal records, family relations, the details and process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of victims, etc., it is determined that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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