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(영문) 부산지방법원 2019.07.22 2018고단5087
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

At around 05:50 on May 12, 2018, the Defendant: (a) deemed that the victim D (the name, the son, and the 23 years of age) entering a toilet into the toilet in the convenience store located in the Young-gu, Busan Metropolitan City; and (b) considered that the victim was out of the toilet to the victim, but the victim could not escape from the toilet after the locking, and subsequently, committed an indecent act by force by force against the victim by putting the victim's knife his knife.

Summary of Evidence

1. Statement made to D by the police;

1. 112 Reporting case management table;

1. The CD;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to a investigative report (CCTV attachment report);

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

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

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

4. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons

5. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the competent agency under

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the effects of the sexual crime subject to registration which can be achieved due to such order, and the victim.

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