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(영문) 부산지방법원 서부지원 2018.01.24 2017고단1567
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is the spouse C(n, 28 years of age) relationship with the spouse D and the workplace of the victim.

On August 26, 2017, at around 02:30, the Defendant: (a) sent a singing between the victim, D and D, and D, in the “F,” located in the north-gu, Busan, and (b) sent the victim’s arms and parts of the victim’s body by hand; (c) sealed the victim’s body; and (d) sealed the victim’s body after the victim’s body; and (e) carried the victim’s chests.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to victims C;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and the instant notification order, disadvantages and side effects, etc., there are special circumstances that need not disclose the Defendant’s personal information.

If a conviction on a crime in the judgment that is subject to registration and submission of personal information becomes final and conclusive, the defendant 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 to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The general standard of the scope of the recommended punishment is that there is no basic area (6 months to 2 years), the basic area (6 months to 2 years) of the crime of forced indecent conduct (subject to over 13 years).

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