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(영문) 부산지방법원 2020.02.12 2019고단5987

강제추행

Text

A defendant shall be punished by imprisonment for 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 July 28, 2019, around 02:45, the Defendant: (a) moved the victim D (one name, and half) out of the room in the 1st floor B of the Busan East-gu, Busan-dong, 2019, and (b) passed in front of the Defendant’s will; (c) laid the hand into the victim’s buck paper, and (d) laid the part from the victim’s sound to the part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where a conviction against a defendant is finalized on the criminal facts stated in the ruling to register and submit personal information of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to a related agency pursuant to

In full view of the following circumstances: (a) Defendant’s age to be exempted from disclosure and notification orders; (b) type of crime; (c) criminal records; (d) criminal records; (c) social benefits expected from disclosure and notification orders; and (d) the effect of preventing sexual crimes; and (c) disadvantages and anticipated side effects of the Defendant’s employment restrictions; and (d) the disclosure and notification of Defendant’s personal information or the issuance of an employment restrictions on children, juveniles-related institutions, etc. and welfare facilities for disabled persons; and (e) such special circumstances are determined that such disclosure and notification should not be ordered; (b) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) and the proviso to Article 56(1) of the Act on the Protection of Children