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(영문) 부산지방법원 2017.08.11 2017고합243

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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 record] On November 9, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for an indecent act committed by Busan District Court, and the above judgment became final and conclusive on April 29, 2017.

[Criminal facts]

1. On March 12, 2017, around 13:30 on March 12, 2017, the Defendant forced a female by means of having a 2-3-time contact with the victim’s buckbucks located in the front line of the Busan subway No. 3, by getting on the side of the victim C (n, 22 years of age) from the water area to the buck station.

2. 피고인은 2017. 3. 12. 16:20 경 부산 지하철 2호 선 전동차 내에서 서면 역에서 해운 대역까지 이동하면서 우연히 다시 위 피해자 C( 여, 22세) 의 왼쪽 옆자리에 앉게 되어 핸드폰을 보는 척 하면서 오른쪽 팔꿈치로 피해자의 왼쪽 가슴을 1-2 회 콕콕 찌르는 방법으로 그녀를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: A written inquiry about criminal history (A) and application of the same Act and subordinate statutes of the judgment;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

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

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

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered his/her personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under the main sentence of 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 competent agency pursuant

Details of a crime subject to the exemption from disclosure order and notification order, the history of punishment, the profits and preventive effects expected by the disclosure order and notification order of this case, and the disadvantages and side effects caused thereby.