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(영문) 부산지방법원서부지원 2020.09.24 2020고단1421

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 4, 2020, the Defendant, at around 23:20, committed an indecent act by force against the victim’s sexual organ, and by force against the victim, committed an indecent act against the victim’s sexual organ. The Defendant, at around 23:20 on April 4, 2020, had the victim’s sexual organ in the victim’s her butane.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the police's written statement of statement concerning D (alias)

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 competent agency as prescribed in Article 43 of

In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, disclosure order or notification order, anticipated side effects and anticipated side effects of the crime subject to registration that may be achieved due to the order of employment restriction, prevention and effect of the sexual crime subject to registration, protection of the victim, etc., the Defendant is determined to have special circumstances that may not disclose or notify personal information pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1), proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, etc., or order the employment restriction to the children and juveniles-related institutions, etc.