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(영문) 부산지방법원 동부지원 2016.04.06 2015고단2547

강제추행

Text

A defendant shall be punished by imprisonment for 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

On November 10, 2015, at around 11:09, the Defendant requested the victim E (the 54 years old) who is engaged in cleaning the guest room in the apartment elevator located in Busan Shipping Daegu, Busan, to provide guidance to the victim in his/her guest room, and the victim in his/her own room in the case of the victim when he/she came to fall under the above 306, and "I am going to know about one defect, about one stop, and about one stop," and the victim "I am to inform the defendant on the second floor of the above 2nd floor after the wooden, I am to go to the victim, and "I am to get to go to go to the victim," and "I am to get the victim's losses from the elevator near the elevator of the second floor of the above 2nd apartment."

In the Republic of Korea, the number of defendants, defects only once, and in the case of a defect," the victim who gets aboard the elevator was forced to commit an indecent act by force due to the victim's her hum and her lumb.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on CCTV video CDs, by reporting an investigation (to analyzeCCTVs and to take a course related to the crime), to capture CCTV images, and to the CCTV images;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

The fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program can make it possible to prevent recidivism to a certain extent, and the age, family relationship, and the circumstances leading to the crime of this case.