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(영문) 부산지방법원 2014.03.26 2013고단8367
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

1. On August 18, 2013, around 09:00, the Defendant stated that “the victim D (the age of 43) who is an employee employed to take duties, such as receiving guest room fees, etc., within the entrance gate room, the entrance of the Defendant’s operation in the Geum-gu, Busan Metropolitan City, is “the victim’s chest,” and only one hand met the victim’s chest, and committed an indecent act by force against the victim by putting the victim’s finger in panty by raising one hand, with the other hand.

2. The Defendant, at around 09:00 of the same month, committed an indecent act by force against the victim in such a manner as to put the victim’s fingers into the inner part as well as to have the victim’s breasts together with another hand, put the victim’s fingers into the inner part and to fit the victim’s negative part into the inner part, and to fit the victim’s breath with the victim’s breath.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the second police officer against the accused;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crime;

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 becomes final and conclusive with respect to a crime subject to 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, 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 is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the prevention of sexual crimes subject to registration which can be achieved therefrom.

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