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(영문) 부산지방법원 2017.11.08 2017고단3509

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the mother D and internal relationship of the victim C.

At around 02:00 on 16. 03. 16. 02:0, the Defendant committed an indecent act by force, such as inserting a hand into the panty of the victim, who was locked at the inside the house located in Busan E-gu, Busan, and only inserting it into the speed of suffering.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant on the Punishment, etc. of Sexual Crimes committed an indecent act against the victim, who is his/her father or mother, and the degree of his/her conduct is not less and the victim is punished for the Defendant (the victim expressed his/her intention not to punish the Defendant at an investigative agency, but the victim expressed his/her intention not to punish the Defendant in this court): Provided, That the Defendant stated that he/she was punished in this court without any record of the same crime, and that he/she is against the Defendant’s age, sex, sex, environment, means and method of committing the crime, and other conditions of sentencing, such as the circumstances after the crime, shall be determined as the order.

Where a conviction becomes final and conclusive on a crime of forced indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and sexual crime subject to registration which can be achieved due to such order.