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(영문) 부산지방법원 2015.07.01 2015고단1545
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 6, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. at the Busan High Court on August 6, 2012, and the said judgment became final and conclusive on December 21, 2012, and is under execution

On February 26, 2015, the Defendant committed an indecent act by force against the victim on seven occasions, such as the list of punishment in the attached Form No. 2015, on seven occasions from that time until March 1, 2015, by taking the hand of the victim D (the age of 20) in the Busan High School C room located in 4, Busan High School, Busan High School C, which was located in 268, brought the victim D (the age of 20) into the part of the Defendant’s sexual flag, making it easy for the victim to cover and conceal the victim’s face, and making the Defendant’s bridge up on the part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F, G, and E;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of cases in which the accused is detained and confirmation of the date of release);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage 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 protecting the victims, etc., the child or juvenile protection order shall be considered.

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