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(영문) 부산지방법원 2013.04.17 2013고단982
강제추행
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2012, around 03:10 on August 5, 2012, the Defendant found the victim D (the age of 21) who had her friend and come home in front of the building in Gwanak-gu in Seoul Special Metropolitan City, and had her friend by force, such as cutting down both her friends by hand with her hand, and taking charge of her frisomes by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of D;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the recognition of and reflects on criminal conduct, the suffering of mental illness, and the absence of any record of punishment for the same kind of crime);

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 62-2 of the Criminal Act on Probation, the accused shall be a person subject to registration of personal information pursuant to Articles 32 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of the aforesaid Act

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.

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