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(영문) 부산지방법원 서부지원 2020.05.07 2019고단2414
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 17:50 on July 28, 2019, the Defendant discovered the victim C (n'e, 56 years of age) on the front side of the Busan Seo-gu B, Busan, and the victim met the victim's chest with the victim's own fault, thereby by forceing the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A report on investigation;

1. One copy of the 112 reported case settlement table; and

1. Application of Acts and subordinate statutes on site photographs

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 conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency as prescribed in Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method of the crime, seriousness of the crime, disclosure order or notification order, anticipated side effects and side effects of the crime subject to registration that may be achieved due to the order of employment restriction, prevention and effect of sexual violence crimes subject to registration, protection effect of the victim, etc., the Defendant shall not disclose or notify personal information pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1), proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and other special circumstances that need not disclose or notify personal information or order the employment restriction to institutions related to children and juveniles and welfare facilities for disabled persons.

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