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(영문) 부산지방법원 2014.10.01 2014고단5970
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 17, 2011, the Defendant was sentenced to three years by the Daegu High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the enforcement of the sentence on February 27, 2013, and was sentenced to two years by imprisonment for the same crime in the Daegu District Court on December 20, 2013 and is currently in the enforcement of the sentence in the Busan District Court.

On June 14, 2014, the Defendant: (a) around 21:27, at the 12nd floor of the 10th floor of the 12nd floor of the 10th floor of the Busan correctional institution, which is located in the 29th city of Gangseo-gu, Busan., the Defendant: (b) placed his hand in the 10th floor of the 10th floor of the 10th floor of the 12nd floor of the 22nd floor of the 22:29th day; and (c) placed his hand in the 22nd day after the victim her her her her her son in the toilet,

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A criminal investigation report (verification of evidential images);

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process 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 which may be achieved therefrom, and the effect of protecting the victims, etc., the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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