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(영문) 부산지방법원 2014.02.05 2013고단8275
강제추행등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2013, at least 01:00, the Defendant committed an indecent act by compulsion by force against the victim by making soup, making soup, making soup and making soup, the victim D (20 years old) who is a staff member of the Busan Jin-gu, and making soup, making soup and making soup the key to the Defendant by using the key to the victim’s left hand by making soup to the Defendant’s hand.

2. The Defendant continued to be obscenity at the time and place specified in the preceding paragraph, and left the entrance of a escape room so that the victims, etc. of the preceding paragraph can be seen at the victim, etc.

patently commits obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act, and Article 245 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations, no history of criminal punishment, and consideration of victim D's penalty exemption);

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 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 a related agency pursuant to Article

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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