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(영문) 부산지방법원 2019.08.28 2018고단3458

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant: (a) around 01:30 on February 6, 2018, around 01:30, the victim D (the age of 18) who was next to the defect that she was in the 'C located on the second floor of the building B in Busan Jung-gu, Busan, and was able to take a drunk body and was her own.

The Defendant committed an indecent act on the part of the victim by tamping the victim’s slock with his own slock and rupture.

2. The Defendant, at the time and place mentioned in paragraph 1, committed an indecent act by force against the victim E (the 18-year-old age), who is sitting in the next chair that occurred in the Aussian chair, by putting the Victim at home and her hand at her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of CCTV image CDs and caps-fagic Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act 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. Article 62 (1) of the Criminal Act;

1. Where a conviction against a defendant is finalized on the criminal facts stated in the ruling to register and submit personal information of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to a related agency pursuant to

In full view of the following circumstances: (a) Defendant’s age exemption from disclosure and notification orders; (b) type of crime; (c) criminal process; (d) criminal records; (c) social benefits expected by the disclosure and notification orders; and (d) the effect of preventing sexual crimes; and (e) disadvantages and anticipated side effects of the Defendant’s personal information; and (e) the special circumstances that may not disclose and notify the Defendant’s personal information or order the employment restrictions to institutions related