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(영문) 부산지방법원 2018.08.20 2018고단2949
준강제추행
Text

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

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

Reasons

Punishment of the crime

On March 30, 2018, from around 22:54 to 22:58, the Defendant committed an indecent act against the victim, who was 1B seat next to the 8th seat of the victim when the victim D (hereinafter referred to as 27 years of age) was seated in the 1A seat in the 12th seat next to the 1st seat, and was able to resist the victim's right side by using two bucks with the left hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;

2. Selection of an alternative fine for punishment;

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

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

5. In full view of various circumstances, including the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime, and the benefits and effects expected due to the instant disclosure order and notification order, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, and the order for restriction on employment shall not be issued, in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order for disclosure, an order for notification, and an order for restriction on employment; (b) Articles 49(1) proviso of the Act on the Protection of Children’s Juveniles from Sexual Abuse; and (c) Articles 50(1) proviso and 56(1) proviso (proviso)

[Determination]

6. 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.

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