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(영문) 부산지방법원 2019.08.12 2019고단2603
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, at around 00:10 on January 29, 2019, distributed the promotional leaflets of the above main points in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the Defendant: (a) discovered the situation in which the victim E (n.e., 18 years of age) walked with her friendship with her friendship; and (b) her scam for the victim to her scam, and (c) forced the victim to use her hand on the sound side of the victim, and forced him to use it toward the above end.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of statutes on site photographs;

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

In full view of the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, motive for committing the instant crime, method and consequence of the instant order, the degree of disadvantage and anticipated side effects to be affected by the Defendant due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant shall not disclose and notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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