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(영문) 부산지방법원 2020.01.17 2019고합501
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 August 19, 2019, at around 23:10, the Defendant committed an indecent act against the victim C (tentative name, 18 years of age) who was located in the bus stops in front of the Geumcheon-gu Busan Metropolitan City B apartment at the bus stops, with the Defendant’s hand, and the victim under this paragraph stated that “Isssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Investigation report (limited to attachment to a list of 112 reported cases);

1. Attachment: Application of Acts and subordinate statutes governing the 112 Reporting List;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant’s age, character, family environment, social relative relationship, record of crime and risk of recidivism, details and motive of crime, method and result of crime, degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify information, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be determined that there are special circumstances in which personal information shall not be disclosed or notified

1. An employment restriction order;

(a) The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including institutions related to children and juveniles;

(b) Grounds for sentencing under the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The scope of punishment by law: Imprisonment;

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