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(영문) 부산지방법원 2016.10.12 2016고단3936

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 13, 2016, the Defendant committed indecent act by compulsion: (a) around 01:25, the Defendant: (b) viewed mobile phones from the street in front of the Enonode bank located in Busan Maropo-gu; (c) taken the victim F (the age 22) by drinking the victim’s mind to force indecent act; (d) Dacing the victim’s neck part of the victim’s neck, walking the victim’s neck, walking the victim’s hand, and knife the female’s neck with his hand; and (e) forced the victim’s chest to commit indecent act.

2. At around 01:35 on July 13, 2016, the Defendant: (a) at the entrance of the Enolley bank, at around 01:35 on July 13, 2016; (b) at the entrance of paragraph (1), there was a defect in the telephone requesting the victim to help a male-gu for the same reasons as the statement in paragraph (1); (c) laid down the victim’s head debt with his hand; (d) cut off the string; and (e) laid down the string part with his head debt; and (e) laid down the string part of the string part of the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to investigation reports, photographs of the parts of violence, clothes of victims, pictures, opinions, and the like;

1. Article 257 (1) of the Criminal Act and Article 298 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 62-2 of the Criminal Act, 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 is obligated to submit personal information to a related agency pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim.