beta
(영문) 부산지방법원 2019.05.22 2018고단5632

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 29, 2018, at around 06:00, the Defendant was in line with the first day of the victim D (one's name, half's age, 23) in the C Park located in Suwon-gu, Busan, and continued to drink at the Defendant's house located in building F in the Busan, Jin-gu, Busan.

At around 11:30 on the same day, the Defendant: (a) 11:30 on one side of the victim who was seated with a single sloping bridge and was drinking, and (b) bucks and bucks of the victim were stored in the hands; and (c) bucks and shoulders of the victim were taken by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Each legal statement of the witness D, G, and H;

1. Police investigation report (at the time of appearance, etc.);

1. Application of each statute on photographs;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted under Article 186(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information 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 competent agency pursuant to

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where disclosure and notification of the Defendant’s personal information or orders to restrict employment to children and juveniles-related institutions, etc. should not be ordered. As such, 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) of the Act on the Protection of Children and