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(영문) 부산지방법원 2015.07.16 2014고단10372
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

The defendant is a person who works as a waitter from DBE in Busan Island C.

On November 15, 2014, the Defendant, around 01:30 on November 15, 2014, 01: (a) 01:30, the Defendant saw the victim E (the age of 31) who was a customer from the above club, and took the victim under the direction of an emergency exit of the club, sealed the victim into the stairs wall, thereby preventing the victim from driving the victim by putting the hand hand of the victim into the Defendant’s hand, thereby preventing the victim from driving the victim; (b) put the victim’s chest into the victim’s clothes, putting the hand into the victim’s chest, and write the part of the victim’s knife.

As above, the Defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act;

1. Where this judgment becomes final and conclusive on the registration of personal information under 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 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 to a competent agency under

In light of the Defendant’s age, occupation, risk of recidivism, type, 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 which may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant shall be deemed to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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