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(영문) 부산지방법원 2017.09.22 2017고합236

강제추행치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

around 07:20 on April 11, 2017, the Defendant: (a) arrived at the front side of the E-way located in the Busan Franchisctic Zone D, on a franchiscing taxi of the Victim C (Woo, 52 years old); and (b) 10,000 won (2,80 won) went to the victim, and (c) tried to look at the victim’s relics, and (d) tried to look at the victim’s relics, and (e) tried to completely reject the victim’s release, the Defendant 10,000 won (2,80 won) went to the victim; and (e) franch of a bitch of the same year.

“In doing so, the victim’s breast part is forced to commit an indecent act by force against the victim by means of 3-4 flicking the victim’s breast part, and the victim’s chest part was flicked with a black, thereby glicking the victim’s multiple flicking of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Indecent book, photo, and written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report (including the list Nos. 15 and annexed materials);

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of all the circumstances such as the Defendant’s age, occupation, social ties, criminal record, and the risk of recidivism (no record of punishment for a sexual crime) recognized in the record, the circumstances leading to the instant crime, and the details of the instant crime, and the benefits and effects expected by the instant disclosure order or notification order and the consequences of prevention, adverse effects, side effects, etc., the Defendant’s personal information disclosure or notification shall not be disclosed or notified.

[Judgment]