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(영문) 부산지방법원 동부지원 2020.02.19 2019고단1846

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2019, at around 20:40, the Defendant: (a) stated that the Defendant Da, “Y, Y, 86 years of age,” Da, Do, Do, Lat, Do, Lat, Do, Lat, 86 years of age, Do, Lat, Do, Lat, Do, and Do, Do, Lat, Do, Lat, Do, and Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning CCTV images, such as field photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined, in consideration of all the circumstances, such as the defendant's age, environment, character and conduct (no criminal records exceeding the same kind of crime and fine) and the means and results of the crime (the degree of indecent act) and circumstances after the crime, etc., for the reason of sentencing under the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order of Education or the Order of Community Service, etc.;

Where a conviction becomes final and conclusive against a defendant who shall file for the registration and submission of personal information, 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 obligated to submit personal information to the head of a related agency

In light of the Defendant’s age to be exempted from the disclosure order or notification order, criminal records, family relations, the details and process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of victims, etc., it is determined that there are special circumstances where the disclosure of personal information may not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection