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(영문) 부산지방법원 2019.05.13 2018고단3819
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on August 25, 2017, the Defendant committed an indecent act by force against the victim, such as the victim D (n, 25 years of age) and her own hand, and the victim expressed her will to refuse to do so with the Defendant’s body closely and with the left part of the back of the vehicle, even though the Defendant had her own hand during drinking and drinking at C Sing room in Busan, Jung-gu, Busan, the Defendant committed an indecent act against the victim by force.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive in regard to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency

In full view of the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, motive for committing the instant crime, method and consequence of the instant order, the degree of disadvantage and anticipated side effects to be affected by the Defendant due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, the Defendant is subject to Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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