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(영문) 부산지방법원 2014.06.18 2014고단2528
준강제추행
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 February 3, 2014, at around 05:45, the Defendant used the victim D (the 24 years of age) who was locked at the Busan Jung-gu Cumbuckum room in a sobrying so that he could commit an indecent act on the victim's side, and he dymdddd the end of his hair by putting it up in the lower part of the victim's half, and dyd the inside and surrounding the sobucks.

The defendant committed an indecent act against the victim by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Articles 299 and 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 basic area (six to two years) of the sentencing criteria [the range of recommendations] general standards and the basic area (six to two years) of the crimes of indecent act by compulsion (the objects at the age of thirteen) by compulsion;

2. The fact that the defendant makes a confession, etc.;

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