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(영문) 부산지방법원 동부지원 2017.01.18 2016고단1982
강제추행
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 8, 2016, the Defendant issued an order to Victim E (20) who is an employee at “D” restaurant located in Busan Shipping Daegu C, Busan, on July 22:45, 2016, “I am see from the third village, see from the third village, and see from the third village,” and see the victim’s sexual organ by extending his/her hand, and the victim’s playing outside his/her am deducted from his/her am. The Defendant committed an indecent act by coercioning the victim’s sexual organ by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (in the event of a crime, cutting off CCTV data), four photographs, investigation reports (in the event of an indecent act committed by a suspect, accompanying a screen by screen pictures and caps), one photograph, and one CD-1 document;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom, the Defendant’s personal information shall not be disclosed or notified.

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