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(영문) 부산지방법원 2014.06.11 2014고단1433
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

On July 13, 2013, at around 02:10, the Defendant: (a) directed the victim C (the 20-year-old age) on the juice located in the Busan Seo-dong, Busan, to the destination of the taxi located in the lower seat of the taxi in his/her operation; (b) stopped the taxi on the front seat of the Eno-dong located in the 2-dong, Northern-gu, Busan; (c) divided the victim into ten minutes, divided the victim into the lower seat; and (d) committed an indecent act by force by getting the victim’s hand on the part of the victim’s juice; and (e) making the victim’s hand on the juice located in the Busan Seo-dong; and (e) making the victim’s hand on the sonbuck.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a judgment on the registration of personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a competent agency pursuant to Article 4

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

Reasons for sentencing

1. The sentencing criteria (the range of recommendations).

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