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(영문) 부산지방법원 2015.10.22 2014고단9212
강제추행
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

At around 00:00 on June 19, 2014, the Defendant committed an indecent act by force against the victim, such as: (a) kiscing the victim D (n, 28 years of age) located in Busan Franchisc, and kiscing the victim’s body who was seated and iced by the Defendant; (b) kiscing the victim’s body; and (c) kiscing the victim into the part of the victim; and (d) kiscing the victim by inserting his hand into the part of the victim; and (b) kiscing her kscher with panty by inserting his hand into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness D and F's respective statutory statements;

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 suspended execution (Taking into account that there is no past record on the same kind of crime);

1. Where a judgment on the registration of personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 to a competent agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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