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(영문) 부산지방법원 동부지원 2014.02.12 2013고단3178
강제추행
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant: (a) around 23:10, at the entrance stairs of a singing practice room located in the second floor of the Nam-gu Busan Metropolitan City, on October 30, 2013; (b) on the part of the victim D (Inn, 55 years old), the Defendant: (c) reported the above stairs, and (d) followed the victim D (inn, the victim D); (c) took the front, rear, and sexual intercourse; (d) performed the act; and (e) when the victim and his behaviors pass by the Defendant, the victim’s chest and kin were fel of the victim; and (e) committed indecent act by compulsion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of D;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of sentence (a fine has been agreed with the victim, and considering the fact that the defendant has no particular criminal record);

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

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration pursuant to 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 chief of the competent police station (Provided, That where a person subject to registration is confined in a correctional institution or a medical treatment

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order shall be given to the Defendant, given that there are special circumstances that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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