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(영문) 부산지방법원 2020.06.25 2020고단1146
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver who does not know about the victim B (one another).

On November 17, 2019, the Defendant, at around 00:40 on November 17, 2019, was expected to be drunk in front of the Dju's public toilet located in Busan B, and the victim went to the toilet and came to the toilet and came to the toilet once in his hand.

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

Summary of Evidence

1. Partial statement of the police suspect examination protocol against the defendant;

1. Application of the Acts and subordinate statutes to record statements made by the police in relation to E and B (tentative name);

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

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

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

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is 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 obliged to submit personal information

In full view of the following circumstances: (a) the Defendant’s age, type of crime, criminal process, criminal records, disclosure and notification order, social benefits expected by an employment restriction order, and the Defendant’s disadvantage and anticipated side effects therefrom; and (b) the disclosure and notification of the Defendant’s personal information or the issuance of an employment restriction order to a child or juvenile-related institution, etc. and a welfare facility for the disabled; (c) as such, there are special circumstances where the restriction on employment should not be imposed on the Defendant’s personal information; (d) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (e) the proviso to Article 49(1) and the proviso to Article 56(1) of the Act on the Protection, etc

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