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(영문) 부산지방법원 2020.01.29 2019고단5804
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 17, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for assault, etc. in the Changwon District Court Branch of Msan, and on September 1, 2019, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

On November 20, 2019, the Defendant: (a) around 19:37, in the middle-gu Busan Metropolitan City, the victim D (one name, two-six years of age) affixed a photograph with his/her friendship in front of his/her store C, and (b) caused the victim's body with his/her body, and (c) committed an indecent act by force by inserting the victim's knife with his/her knife with his/her knife with his/her knife.

Summary of Evidence

1. Statement of D police statement;

1. Investigation report (investigation, etc. into the on-site conditions);

1. 112 reported case handling table;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (report related to the history of repeated crimes), and copies of each judgment [the accused and the defense counsel denies charges, but they may be convicted of the accused by taking into account the following factors: the victim's specific and consistent statement, the fact that the accused escaped immediately after the instant case, the assertion of the accused is contrary to objective facts or inconsistent, etc.)

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Where a conviction of the accused is finalized as to the facts constituting a crime in which he/she registers and submits personal information under the 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), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, 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

The defendant's age, occupation, risk of recidivism, exemption from the disclosure or notification order of personal information;

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