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(영문) 부산지방법원 2015.10.22 2015고단4815

강제추행등

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. At around 18:00 on June 24, 2015, the Defendant asked the victim B (the 24 years of age) and the 24 years of age, who are accounting books of the company where the Defendant works as management directors, to take a large amount of alcohol to the victim, and asked the victim to go to the plenary session.

At around 22:00 on the same day, the Defendant committed an indecent act against the victim by putting the victim’s hand on the part of the defective victim who intends to get the victim into the telecom in the room of 603 "Durel" located in the Busan Sho-gu, Busan, and putting the victim’s resistance at the bed, suppressing the victim’s resistance, and putting the victim’s hand into the bed and fit with the victim’s chest and sound.

2. The Defendant detained the victim for about 2 hours and 30 minutes by preventing the victim’s arms that the Defendant want to get out of his place to escape from committing an indecent act at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of each statute on photographs;

1. Relevant Articles 298 and 276 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Where part of a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.