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(영문) 부산지방법원 2020.09.25 2020고단2584
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

On February 8, 2020, at around 21:30, the Defendant: (a) sealed the bus stop line at the entrance of Busan, Busan, Busan, and C High School; (b) followed the victim D (one name, two years of age, and thirty) whose cell phone line was stamped; and (c) began to use the victim's own hand toward the sound part; (d) began to start from the sound part; and (e) made it available to the left side buckbucks and am.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of the CCTV-related Acts and subordinate statutes to the 112-reported video CDs;

1. Article 298 of the Criminal Act applicable to the 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 against the defendant is finalized as to the crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, the defendant becomes 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 to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant exempted from the disclosure order or notification order of personal information, it is determined that there are special circumstances that need not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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