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(영문) 부산지방법원 2014.10.22 2014고단5329

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:10 on June 12, 2014, the Defendant, at the front of the D Hospital located in Busan, Busan, the Defendant forced the victim to commit an indecent act by force, on one hand, on the part of the Defendant, the victim E (n, 46 years old) coming from the front of the D Hospital located in Busan, and the victim E (n, e.g., the 46 years old), who met the left chest of the victim E (n, e.g., the Defendant) at the close of the Defendant’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report;

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. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The basic area of the sentencing grounds [the range of recommendations] the general standard of sexual crime, the crime of indecent act by force (the target who is not less than 13 years of age) is the first type (the general indecent act by force).