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(영문) 부산지방법원 2018.09.05 2017고단5173
강제추행
Text

1. The defendant shall be punished by a fine of seven million won;

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

Reasons

Punishment of the crime

On July 18, 2017, the Defendant: (a) around 22:41, in order to pay the purchase price of the goods at the “C” convenience store located in Busan High-gu, Busan High-gu, the Defendant: (b) reported that the Defendant was in front of the accounting unit to pay the purchase price of the goods; (c) even if so, to make the body contacted after the victim’s back, the Defendant was in contact with the head of the victim; (d) was in contact with the victim’s head; (e) was snicking; and (e) was snicking the Defendant’s sexual flag with his her her her her

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Legal statement of witness E;

2. The description of the witness D's statement in the fourth public trial protocol;

3. Part of a protocol concerning the examination of suspect of the defendant;

4. Protocol concerning the interrogation of suspects of E;

5. Statement made by the police against D;

6. Application of the police investigation reporting Acts and subordinate statutes;

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

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose registered information, an order to notify the disclosure of information, and an order to restrict employment, and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso, Article 50(1) proviso, and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (as the Defendant was closely faced with the victim in a narrow space front of the convenience point calculation unit, he/she appears to have committed the instant crime in a contingency, and there is no record of punishment for sex crimes or other crimes, and other various circumstances revealed in the records, such as the Defendant’s age, sex, occupation, environment, family relationship, etc., the Defendant’s personal information disclosure or employment should not be restricted by taking full account of the following factors.

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