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(영문) 부산지방법원 2014.08.13 2014고단5361

강제추행등

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

1. On May 31, 2014, the Defendant committed an indecent act by compulsion: (a) around 03:30 on May 31, 2014, when he was on the stairs between the first and second floors of the building C in Busan, the victim D (the age of 51) went from the second to the first floor of the building; and (b) on the part of the victim, who entered Cheongbaba in the middle to the second floor of the building, committed an indecent act by force by force.

2. The Defendant, at the same time and place, suffered from an indecent act by the victim E (the age of 57) who was in action of the said D, was aware of the victim’s face by drinking the victim’s bat, bating the bat, cutting off the victim’s bat, and cutting off the victim’s bat, thereby causing approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Damage photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction of a crime committed by indecent act by indecent act on the judgment that constitutes a sexual crime subject to 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, is finalized, 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

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the child or juvenile against the protection of the victim.