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(영문) 부산지방법원 2019.05.13 2018고단2470
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 14, 2018, around 23:05, the Defendant: (a) reported the victim D (here, 24 years of age) who walked on the road in the front of Busan Jin-gu B, Busan, and (b) had her desire to do so; (c) had her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Application of the police statement law to D;

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, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

5. Where a conviction against the defendant on the criminal facts in the judgment that a sex crime subject to registration is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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