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(영문) 부산지방법원 동부지원 2013.11.06 2013고단2670

강제추행

Text

1. The defendant shall be punished by imprisonment for six months;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

Reasons

Punishment of the crime

On September 10, 2013, at least 06:30 on September 10, 2013, the Defendant: (a) reported the victim E (man, 31 years of age) who returned to his house after completing a new wall with the neighboring church; and (b) prevented the Defendant from resisting the victim by stating that he would be able to get out of the victim due to the rear hand of the victim; (c) prevented the Defendant from resisting the victim’s right chest with his left hand; and (d) forced the victim to commit an indecent act on the part of his left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on statement to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Where a conviction on a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the Defendant is obligated to submit personal information to the

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, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the Defendant shall not be ordered to disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose personal information.