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(영문) 부산지방법원 2014.10.01 2014고단6757

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 15, 2014, at around 04:20, the Defendant, who stopped on the road in front of the 286 'Unhulled rice Luxembourg market' in Busan, according to the so-called YUG 286, committed an indecent act against the victim of the victim D (the victim D, 22 years old), who was a customer, arrived at the place where he was the destination, and was short of the original source, and was unsheeped into the back seat, and was shhyd from devokinging the defrith of the so-called throth, thereby making it difficult for the Defendant to commit an indecent act.

Accordingly, the Defendant: (a) moved the victim to the back seat of the said taxi; (b) committed an indecent act by taking advantage of the victim’s state of resistance, such as the victim’s knifeing the victim’s chest, knife the knife by knife the knife, knife the knife into the victim’s panty, and knife the knife into the victim’s knife, and knife the knife into the victim’s quality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Where a judgment on 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 becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.