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(영문) 부산지방법원 2018.02.07 2017고단6268

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2017, around 08:58, the Defendant discovered the victim E (21 years of age, women) who walked on the road in Busan District, and D in the front of the road, and the victim Daced “bly drink”, knife the knife, knife the knife, knife the knife, knife the knife, and knife the 40 minutes of the knife, and repeated the same act, knife the knife, knife the knife, and knife the knife of the knife with the knife of the knife., the knife became the knife of the knife.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of investigation report (in cases of forced indecent acts by A), Acts and subordinate statutes;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (it is a primary offender, reflects the depth of the crime, and reaches an agreement with the victim, etc.);

1. The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Scope of Recommendations) [The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] are as follows: (a) the mitigated area (one month to one year in general) [the person who is subject to special mitigation] [the sentenced] imprisonment for six months; (b) the suspended execution of one year; and (c) the judgment of conviction on the facts constituting a sex crime subject to registration which is subject to obligation to register and submit personal information; and (d) the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the prevention effect of sexual crimes subject to registration which can be achieved due to such order.