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(영문) 부산지방법원 2018.10.04 2017고단1531
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

around 02:05 on January 20, 2016, the Defendant discovered a victim who was under the influence of alcohol on the alleyway of the victim D located in Busan Young-gu, Busan Metropolitan City on January 20, 2016, and found the victim “I help anywhere enjoy or gather.”

The term "the victim" and "the victim was abandoned and entered into the victim's home."

그 후 피해자가 거실에 쓰러지자 피해자의 입안에 혀를 넣고, 피해자의 하의 레깅스를 벗기고 피해자의 음부를 혀로 핥았다.

As a result, the defendant committed an indecent act against the victim by using the state of impossibility of resisting by the victim.

around 02:40 on June 13, 2016, the Defendant committed an indecent act by force against the victim G(53 taxes) on other tables located in the F main points located in Busan Young-gu, Busan, about 02:40 on June 13, 2016.

Summary of Evidence

"2017 Highest 1847"

1. Statement by the defendant in court;

1. Statement of the police made to D "2017 Highest 1531";

1. Application of the statutory statement law to witness G;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) concerning the selection of punishment, Article 298 of the Criminal Act (a quasi-indecent act) and the choice of imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the stay of execution (Consideration into agreement with victims);

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

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, and the proviso to Article 49(1) of the Act on the Protection of Children’s Juveniles from Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) (the Defendant’s age, occupation, family environment, social relationship, the risk of recidivism, previous conviction and recidivism, and the benefits and effects expected by the instant order of disclosure and the order of notification, as well as the disadvantages and side effects therefrom, etc.

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