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(영문) 부산지방법원 2014.10.01 2014고단7119

강제추행

Text

A defendant shall be punished by imprisonment for four 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

On April 23, 2014, at around 05:25, the Defendant: (a) was going behind the victim B (at the age of 27) who was going up before, and (b) was in line with the order of the victim B (at the age of 27), and (c) was in line with the order of the victim on April 23, 2014, and (d) was in line with the order of the victim’s buckbucks in Seo-gu, Busan, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] There is no basic area (six months to two years of imprisonment) (special person] (the special person) of the basic area (one month to two years of imprisonment) of the crime of indecent act by compulsion by force (the target of thirteen years of age) at the general standard of the sex offense (the decision of sentencing) [the decision of sentencing] criminal defendant is the time of and against the criminal defendant.