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(영문) 창원지방법원 밀양지원 2016.05.12 2016고단13
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 19, 2015, at around 23:55, the Defendant: (a) took the victim D (the age of 33) who passed a corridor in the music practice room B located in Suwon-gu, Busan on December 19, 2015 into a singing practice room; (b) took the victim’s right-hand chest by hand, and forced the victim to commit an indecent act by driving the victim’s chest on his own.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act and the choice of fines for criminal facts (which are not the same type of punishment, reflectiveness, agreement, etc.);

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

1. Where a conviction on the criminal facts of this case against a defendant who shall submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order falls under 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances in which the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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