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(영문) 부산지방법원 2020.04.08 2019고단3168
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 27, 2019, the Defendant: (a) committed indecent act by force by force against the victim of the above main shop employee D, who was a meal in the room at the time of entrance into the room No. 7, with only the main shop located in Busan Jin-gu B and the 1st underground floor C located in Busan Jin-gu, Busan, and on March 27, 2019; and (b) by a sudden hand, the victim’s tamp with his own hand committed indecent act by force.

2. At around 15:10 on the same day, the Defendant spited spits on the victim’s face one time when the victim E, an employee, was asked to go to another customer at the above main point, and the Defendant spits the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of CCTV video CDs and respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. Where a conviction of the defendant is finalized on the crime of indecent act by compulsion as stated in Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the defendant 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

Meanwhile, considering the nature of the crime of indecent act by compulsion which causes the registration of personal information and the rest of the crime of indecent act by compulsion, severity of the crime, etc., the personal information in this case is deemed unnecessary to set the period of registration of personal information more short than that according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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