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(영문) 부산지방법원 2014.07.16 2013고단6575
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

피고인은 2013. 6. 9. 15:00경 경남 함암군 산인면 모곡리 산인IC 부근을 운행하는 B 시외버스 안에서, 왼쪽 다리를 벌리면서 피고인의 옆 좌석에 앉아 있던 피해자 C(여, 20세)의 오른쪽 다리에 밀착시키고 팔짱을 낀 채 오른손으로 피해자의 오른쪽 가슴을 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation (to specify a place of crime);

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. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18,

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 2 of the former Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012). Therefore, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 5(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant is judged to have any special circumstance that may not disclose and notify personal information.

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