logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.11.13 2017고단3579
강제추행
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 3, 2016, the Defendant, at around 03:30 on October 3, 2016, had the victim D (hereinafter referred to as “C”) danced with one floor of the first floor of the Busan Jin-gu, Busan, while the Defendant had the victim continued to refuse and “Nin-gu,” the Defendant committed an indecent act by coercioning the victim by force by force by forceing the victim’s right-hand jum on the hand floor of the victim, on the ground that the victim continued to refuse and “Nin-gu,” while the Defendant tolded the victim D (hereinafter referred to as “C”).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

3. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program [the special circumstances in which no order to complete program may be imposed are recognized in light of the content and risk of the instant crime, the circumstances after the commission of the crime (in particular, prior to enlistment on November 2017)];

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

5. 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 competent agency pursuant to Article 43 of the same Act.

arrow