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red_flag_2(영문) 부산지방법원 동부지원 2018.9.5. 선고 2018고단676 판결

강제추행

Cases

2018 Highest 676 Indecent Act by compulsion

Defendant

A

Prosecutor

The largest glass (prosecution) and the free trial

Defense Counsel

Attorney Shin Jin-Na (National Assembly)

Imposition of Judgment

September 5, 2018

Text

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

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for three years.

Reasons

Criminal History Office

On November 26, 2017, the defendant and the victim B (n, 32 years of age) were not known to each other, and each of their daily behaviors and meetings were held at the D cafeteria located in Daejeon Seo-gu, Daejeon.

At around 01:10 on November 26, 2017, the Defendant: (a) 01:10, while flying the Defendant’s daily behaviors at the above restaurant entrance, the Defendant reported the victim and she saw the victim’s side, and (b) her son her son her wumm on the right side of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. CCTV images;

[Defendant and defense counsel asserts that the Defendant did not have her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her. However, the Defendant and defense counsel’

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 of the Criminal Code, Selection of Imprisonment

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An employment restriction order;

Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

It seems that the Defendant did not reflect his mistake, and there seems to be no mind for the victim to seek a letter of apology. The victim shows a sense of shame that she was sworn due to the instant case, and the Defendant’s severe punishment is blicking. Even considering the Defendant’s initial crime, considering the method of indecent act and the circumstances after the crime, etc., it seems inevitable to punish the Defendant significantly considering the method of indecent act and the circumstances after the crime. In full view of various sentencing conditions in the instant trial process, the sentence as

Registration and submission of personal information

Where a conviction of a criminal facts in the judgment against the defendant is finalized, the defendant is a person subject to registration of personal information in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a related agency pursuant to Article 4

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, criminal records, family relations, the details and process of the instant crime, disclosure order or notification order, expected side effects and expected side effects of the Defendant’s entry, prevention of the sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances that the disclosure or notification of personal information shall not be made. Thus, an order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

Judges

Judges Kim Dong-chul