beta
(영문) 부산지방법원 2019.04.29 2018고단4892

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, the charge of indecent conduct on May 201 is not guilty.

Reasons

Punishment of the crime

The defendant is the head of the "Crown-gu, Busan," and the victim D (the age of 42) is the head of the same church.

On June 2014, the Defendant: (a) around 11:30 on the day of free school meal day of the above church, and around 11:30 on the day of the above church meal day, the Defendant met with the victim’s hand, and the victim entered the main room where the victim’s right side of the victim’s right side due to his hand going to the victim’s right side; (b) on the part of the victim’s hand going to the main room; and (c) on the part of the victim, the victim did not want to do so, and (d) caused the victim’s right side side knife by his son again.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D and E in the second trial records;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

2. Penalty surcharge of 3,000,000 won to be suspended; and

3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the detention of a workhouse.

4. Article 59 (1) of the Criminal Act of suspended sentence;

5. Where a conviction becomes final and conclusive on the crime committed in the judgment that is subject to the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from order to complete program, the accused 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

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspension of sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.