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(영문) 부산지방법원 2020.01.29 2019고단4613
준강제추행등
Text

A defendant shall be punished by imprisonment for 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

The defendant and the victim B ( South, 25 years old) are first viewed.

1. On June 22, 2019, the Defendant: (a) around 06:45 on June 22, 2019, the Defendant: (b) 06:45, the Defendant was under the influence of alcohol on the part of the victim who was under the influence of alcohol in Busan Jin-gu C, Busan, and became the victim’s sexual organ by inserting her hand into

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant stolen 2,00 won from the wall of the victim by taking advantage of the gaps in which the victim is locked by drinking at the time and place mentioned in paragraph (1).

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (Attachment, etc. of On-site CCTV images);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 329 of the Criminal Act, and Article 329 of the Criminal Act and the choice of imprisonment, respectively;

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;

1. Where a conviction of the accused is finalized on the crime of the crime of quasi-indecent act committed in violation of Article 16(2) 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 the accused is obligated to submit personal information to a related agency

Meanwhile, considering the nature of the crime of quasi-indecent act which causes the registration of personal information and the other crimes of quasi-indecent act by compulsion, severity of the crimes, etc., the period of the registration of personal information in this case is deemed unnecessary to be more short-term period 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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