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(영문) 부산지방법원 동부지원 2016.12.14 2016고단1861
강제추행
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a customer who visited “C” (Bar) several times in Busan Southern-gu, and the victim D (B7 years of age) is an employee who works as above.

Around September 19:53, 2016, the Defendant, while drinking alcohol in accordance with the above “C”, had the victim’s words “brupted to the table,” and had the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her,

Accordingly, the Defendant committed indecent act by compulsion against the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of investigation reports (Attachment of a copy of CCTV for a suspect's crime, CDs and caps) and CCTV CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

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

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

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 Children and Juveniles’ Sex Offenses (the Defendant has no record of being punished for a sex offense, and the characteristics of the instant crime, etc. are hard to readily conclude that the Defendant is in danger of recidivism of a sexual crime; personal information registration and the completion of sexual assault treatment programs are likely to cause the recidivism effect to a certain extent; and other circumstances such as the Defendant’s age, family relation, background and process of the instant crime, benefits expected by the disclosure and notification orders of this case, and adverse effects and side effects therefrom, the Defendant’s personal information shall not be disclosed and notified).

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