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(영문) 부산지방법원 2015.09.16 2015고단3230
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

The defendant is a person working as the head of the general affairs team in Busan-gu E in Busan-gu, and the victim F (n, 25 years of age) is a staff member of the general affairs team.

피고인은 2015. 3. 19. 22:19경 부산 부산진구 G에 있는 ‘H 노래방’ 내 복도에서 피해자의 머리를 양손으로 붙잡아서 반항을 억압한 뒤 피해자의 이마에 뽀뽀를 하고 입술을 혀로 핥아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to 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 conviction becomes final and conclusive with respect to a crime subject to 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 personal information

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

Although the reason for sentencing is that the defendant commits an indecent act against the victim who is an employee and the part and degree of the indecent act, the crime is not weak, the defendant is starting to commit the crime.

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