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(영문) 부산지방법원 동부지원 2017.09.20 2017고단1236
준강제추행
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

around 05:52 on June 11, 2017, the Defendant committed an indecent act against the victim in a state of resistance in a way that enables the victim (e.g., 23 years of age) who is a U.S. national of the Republic of Korea, who duping soup and 8 soup, which is located in Suwon-gu, Busan, to take out on the side of the victim (e.g., the victim’s hump and humbbucks) by hand.

around 08:40 on May 7, 2017, the Defendant 1690 of 2017, who dumped in a soup room on the fifth floor of the Seo-gu Busan, Seo-gu FF building, and dump and bucks around the victim G (e.g., 37 years of age).

As a result, the Defendant committed an indecent act against the victim by using the victim’s resistanceable condition, and the summary of the evidence “2017 High Order 1236】

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (a copy of CCTV video CD at the scene of a crime) 2017 Godan 1690;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. 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 Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and the age, family relationship, and the background and process of the instant crime.

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