(영문) 부산지방법원 동부지원 2014.04.16 2014고단245

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(영문) 부산지방법원 동부지원 2014.04.16 2014고단245

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant, around 23:30, around 2013, 196, was in front of the public parking lot in front of and after the victim B (the age of 20), was in front of the public parking lot in Busan, Busan, and was in front of the victim B (the age of 20), and was in front of the victim's breast and fluor, etc. with one other.

The Defendant saw the victim's hand with the wheels of the Defendant's hand, and saw the victim's neck with his hand, forced the victim to commit an indecent act by force after rhying the victim's neck, and rhying the victim's chest and ear, and rhying the victim's chest and ear.

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 and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement is deemed to have committed an indecent act by force against a victim who was under the influence of alcohol, and its nature is not good. In light of the above, strict punishment against the defendant is required.

However, it is hard to say that the defendant does not repeat again with his mistake in depth; there is no criminal history against the defendant; the defendant does not want the punishment of the defendant; the defendant does not want the punishment by agreement with the victim; the defendant's age, character and conduct, environment, motive, means and result of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that shall be submitted with personal information stipulates that a person subject to registration shall become a person subject to registration of personal information when a conviction on a sex crime

However, this court has suspended the sentence of the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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