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(영문) 부산지방법원 2017.09.11 2017고단1723

강제추행

Text

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

The defendant is a person who resides on the second floor of the E convenience store building located in D in Jeju, which is operated by the victim C (n, 47 years of age).

1. On October 17, 2016, at around 23:00, the Defendant: (a) reported that the said victim was drinking beer with the persons with the said persons; and (b) held that the said victim was forced to commit an indecent act by force against the victim’s face under the right part of the victim’s right part, by inserting the arms to the inside of the victim’s own victim; and (c) held that the said victim was forced to commit an indecent act by force.

2. On October 18, 2016, around 07:30 on October 18, 2016, the Defendant: (a) committed an indecent act by force against the victim by using the victim’s and the Madice “San Sea, Ear,” and (b) using both arms; (c) intending to dance the victim with the victim’s face; (d) making the victim’s face fit on the left side of the luxur.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of the police statement protocol law to C

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

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

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

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

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