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(영문) 부산지방법원 동부지원 2017.03.22 2017고단50
강제추행
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 8, 2016, the Defendant, at around 13:10 on November 13:10, 2016, engaged in the personnel management of the Victim E (hereinafter “D golf course”), a sports assistant (hereinafter “one-day”) who started a golf game, and “this bad character is considered first,” and the Defendant’s photograph was forced to talk with the victim’s shoulder by hand, and the Defendant was satisfed with his arms.

The Defendant, at approximately 14:40 on the same day, at approximately 14:40 on the chest of the victim, who was going next to the Defendant for the purpose of supporting the games, while coming to the inside of a golf game while running the golf game.

At the same time, the chest was brought about by hand while attaching one Chapter.

At around 15:00 on the same day, the Defendant continued to move back the chest part of the victim who continued to be able to grow up with his hand while the Defendant continued to be able to grow up with his finger at around 15:00.

Accordingly, the defendant committed an indecent act against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and the age, family relationship, and the background and process of the instant crime.

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