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(영문) 부산지방법원 2018.09.17 2018고단2419
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "C main point" in Busan Jin-gu B.

At around 04:00 on May 7, 2017, the Defendant committed an indecent act by force against the victim, stating that “I am, I will die if I am, I will die, and I am soon if I am you will die, I am you will see. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I will am. I will am. I will am. I am.).”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act (the liability for a crime shall not be minor in light of the background of the crime and

However, the execution of imprisonment shall be suspended in consideration of the fact that the charged crime is only an indecent act on one occasion and there is no record of punishment for the same crime, and that there is no opportunity to agree with the victim because contact with the victim is interrupted, and a considerable time of community service shall be ordered).

3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

4. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, an order for notification, and an order for restriction on employment, and the proviso to Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism, order for disclosure and notification of this case, benefits and effects expected from the order for restriction on employment, and disadvantages and side effects therefrom, there are special circumstances where the Defendant’s personal information should not be disclosed or notified, and order for restriction on employment should not be issued.

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