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(영문) 부산지방법원 서부지원 2017.10.18 2017고단1157

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Criminal Records] On August 7, 2017, the Defendant was sentenced to imprisonment with labor for an indecent act committed by Busan District Court for six months, and the judgment became final and conclusive on the 15th of the same month.

[2] On July 12, 2017, the Defendant: (a) resided in the second floor of Busan Northern-gu B and multi-household house; and (b) is aware of the victim C who resides in the same floor and resides in the same household; (c) on July 12, 2017, the Defendant committed an indecent act by force on the part of the victim, by forcing the victim to keep her head from his/her water supply at the first floor, while the Defendant was in the middle-gu B and multi-household house in Busan-gu B and multi-household house in the middle-gu 1st floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and the instant notification order, disadvantages and side effects, etc., there are special circumstances that need not disclose the Defendant’s personal information.

If a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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.