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(영문) 부산지방법원 2017.09.20 2017고단3450
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant: (a) around 17:45, at the front of the C pharmacy located in Busan B, the victim D (n, 56 years of age) and changed well to the top of the math; (b) the Defendant was fluencing from the math water, and the Defendant was flucing off the math and flucing the fluenc.

”라고 말하더니 갑자기 옆에 있던 피해자의 오른쪽 가슴을 한 손으로 움켜잡고 가위를 들이대며 “ 형님 이렇게요 ”라고 말하면서 피해자의 가슴을 가위로 자르는 시늉을 하여 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (explosion E);

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

1. Selection of a selective fine for punishment (not before the same type of punishment, in consideration of the fact that the investigative agency has denied the crime, but has shown an attitude against the time when the crime was committed and in depth when the crime was committed);

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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