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(영문) 부산지방법원 2016.05.13 2016고합160

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On December 25, 2015, at around 07:35, the Defendant committed an indecent act by inserting the Victim F (25 years) who was diving in the E Do-dong-gu, Busan, with the intent of committing an indecent act by using the victim’s resistance impossibility condition, and inserting the hand into the victim’s panty in a state of resistance impossibility.

Summary of Evidence

1. Statement of the defendant in the first trial protocol of the case No. 2016 order issued by the court prior to farming;

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant compensates for damages and agrees that he/she will take the Defendant’s prior action against the victim

The effect of recidivism is expected to be effective in preventing recidivism to a certain extent by observing the defendant's protection and attending a lecture for treatment of sexual assault.

In addition, in full view of other circumstances such as the benefits expected to be expected by the instant disclosure order or notification order and the effects of prevention, disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing can be determined)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Type 1 (General Indecent Act in Force) of the crime of indecent act by force (subject to at least 13 years of age) shall be the scope of the recommended punishment according to the sentencing guidelines.