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(영문) 부산지방법원 서부지원 2017.06.27 2017고단354

준강제추행

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

On December 18, 2016, at around 07:00, the Defendant discovered the victim B (25 years) who was divingd by taking out a frying of the 6th floor male rain and the surface of the water located in Busan Shipping Daegu C, by taking out the frying of the sexual fry from the fryle and the surface of the water surface, and fryed the victim's sexual flag by walking the fry to the victim with the frying of the frying.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting an offense indicated in the decision on the registration of new information under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Dismissal of Application for Compensation, the accused 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

If the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order takes into account, as a whole, the degree and anticipated side effects of the disadvantage the Defendant suffers, the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information of the Defendant may not be disclosed.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a public order or notification order shall not be issued to the accused.

The crime of this case, for the reason of sentencing, committed the indecent act by force as soon as possible by entering the victim's sexual organ.