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(영문) 부산지방법원 동부지원 2016.04.15 2015고단2239
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2015, around 01:50, the Defendant committed an indecent act by coercion, such as the victim E (n, 25 years of age) who had danced in D’s main points located in the Nam-gu Busan metropolitan underground level, and the victim’s her butt her butt her part, who had her but had her butt her sexual organ around the part, and the victim’s her butt her butt her part, who had her dancing in other places inside the said club, her her part, and her her her her her part, and her her her part, who had her fingerd with the victim’s finger with the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to telephone conversations of a witness, and to attach photographs of a suspect at the time of committing the crime);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom, the Defendant’s personal information shall not be disclosed or notified.

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