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(영문) 부산지방법원 2015.09.09 2014고단9105

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2014, around 20:35, the Defendant discovered the victim D (e.g., age 35) who was walking on the side of the C Hospital in front of the C Hospital located in Busan High-gu, Busan High-ro, and committed an indecent act by force on the victim's left hand on one occasion as follows.

Summary of Evidence

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to an investigation report;

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 becomes final and conclusive with respect to a 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, the accused 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for sentencing [the range of recommendations] The general standard of the crime of indecent act by compulsion (the target of 13 years of age or older) and the basic area (6 months or more to 2 years of imprisonment) of the first type (the general indecent act by compulsion) (the special person] of the sexual crime (the decision of sentence] case, the circumstances of the case and the degree of indecent act.