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(영문) 부산지방법원 2014.09.17 2013고단5796
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2013, around 11:30 on May 20, 2013, the Defendant committed an indecent act by force against the victim, by putting the Defendant’s hand in the victim’s clothes, putting the victim’s chest (n, 20 years of age), who is an employee, in the 9 room of the Defendant’s operation of the 2nd floor of the Busan B building, in a sofcalled “Djuk store.”

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police statement to E;

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 on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012), the Defendant is a person subject to registration of personal information under Article 2 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012). Therefore, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 5(1) of the Addenda to the Act on Special Cases concerning

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 entry, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, 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 where the disclosure of personal information may not be disclosed or notified.

The reason for sentencing [the range of recommendations] sex offense.

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