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(영문) 부산지방법원 2016.01.13 2015고단2988

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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 April 17, 2015, at around 09:10, the Defendant committed an indecent act on the part of the victim F (n, 19 years old) who was aware of the customer as ordinary customers within the convenience store operated by himself in Busan Dong-gu, Busan, with the victim F (n, f, f, 19 years old) who was in this display stand, after the victim's back, wn the victim's chest, wn the victim's chest, and wn the victim with the victim's chest, and wn the victim's chest to the knickter.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to CCTV images and photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime which is 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 to a related agency

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing [the scope of recommended punishment] The general criteria for sex offense is the crime of indecent act by force (13 years or more).