beta
(영문) 부산지방법원 2020.05.28 2019고단5438

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 17:50 on October 17, 2019, the Defendant discovered that the victim C (the family name, the female, the age of 21) is seeking a gravel festival in front of the Busan Jung-gu, Busan, and forced the victim to commit an indecent act by putting her k's k's k's k's k's k's k's k's k'st on three occasions.

Summary of Evidence

1. Statement made by the police in relation to C (tentative name);

1. Application of the law as a result of fact inquiry to Busan University Hospital

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Where a conviction against a defendant is finalized with respect to the criminal facts stated in the judgment that should be registered and submitted with personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

In full view of the Defendant’s age exemption from disclosure and notification order and employment restriction order, type of crime, criminal records, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, and the Defendant’s disadvantage and anticipated side effects therefrom, etc., it is determined that there are special circumstances where disclosure and notification of the Defendant’s personal information or an order of restriction on employment is prohibited from being issued to institutions related to children and juveniles and welfare facilities for disabled persons, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1), proviso to Article 50(1), proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and proviso to Article 59-3(1) of the Welfare of Disabled Persons