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(영문) 부산지방법원 2017.05.24 2016고단8530

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant, at around 22:40, committed an indecent act against the victim D (at around 50 years of age) located in Busan, the Defendant: (a) committed an indecent act against the victim while drinking mixed alcoholic beverages at the instant singing shop operated by the Defendant; (b) frighted the victim to be seated on his/her own side; (c) frighted him/her to be seated; (d) putting him/her into the victim’s inner part; and (e) fright him/her into the victim’s inner part; and (e) frighted the victim by force

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Application of each police statement protocol against D (a defendant denies the fact that the defendant committed an indecent act by force against the victim, but can be sufficiently recognized according to the victim's consistent and specific statements, and thus, the defendant's assertion is not accepted).

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 suspension of execution (not only before the same criminal conviction, but also without any history of criminal punishment exceeding a fine, and taking into account the circumstances leading to the crime, the degree of the criminal conduct, etc.);

1. The reason for the sentencing of Article 16(2) of the Act on the Punishment, etc. of Sexual Violence Act [the scope of recommending punishment] is that there is no person [the person subject to special sentencing] in the basic area (6 months to 2 years) of the crime of indecent act by force (the person subject to 13 years or more) (the person subject to 13 years of age or more) [the sentence] [the decision of sentence] six months of imprisonment with prison labor, one year of suspended execution, and one year of suspended execution, where a conviction becomes final and conclusive as to the crime of attempted indecent act by force on the judgment of the criminal subject to registration 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 the defendant is obligated

The age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.