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(영문) 부산지방법원 동부지원 2021.03.30 2020고단1943

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of C, who is the father of the victim B (n, 34 years of age).

At around 03:00 on March 28, 2020, the Defendant: (a) placed the victim’s chests into the victim’s brogate, which was under the brushed, and took charge of the victim’s breasts; (b) refused it, and (c) placed the victim’s fingers into the troths of the victimized person, and forced the victim to commit an indecent act by force, by putting the victim’s fingers into the troths of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the prosecutor's statement protocol B to the prosecution;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service and attend lectures is issued;

1. Where this judgment becomes final and conclusive on the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, the accused 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 the accused is obligated to submit personal information to the competent agency pursuant to Article 43

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 shall not issue an order to disclose or notify the accused pursuant to the following comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of the crime, the degree of disadvantage the accused accused is affected by the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc.

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses] shall be the general standards;