beta
(영문) 부산지방법원 2015.04.08 2014고단8221

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 7. 11. 03:50경 부산 부산진구 D에 있는 ‘E주점’에서, 무대 옆에 있는 에어컨 앞에 서서 바람을 쐬고 있던 피해자 F(여, 26세)의 뒤에서 피해자의 다리 사이로 손을 집어넣어 손으로 피해자의 음부를 아래에서 위로 쓸어 올리면서 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to 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, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for sentencing [Scope of Recommendation] There is no basic area (one month to two years of imprisonment) (special person) (one month to two years of imprisonment] of the basic area (special person] of the crime of indecent act by compulsion by force (subject to the age of 13) on the general standard of sexual crime (the subject of the age of 13). The defendant denies the crime, and the reasons for the case.