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(영문) 부산지방법원 2015.09.23 2014고단9434
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 25, 2014, around 05:20 on October 25, 2014, the Defendant: (a) laid the arms of the victim E (n, 36 years of age) within D located in Busan High-gu C2, Busan High-gu; (b) refused, and returned, she brought the victim to her hand, and (c) caused the victim to her hand, and (d) she committed an indecent act by force on the victim’s chest side by inserting the Defendant’s hand to the inside side of the victim’s hand.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (employee F Calling hearing);

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

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for the sentencing [the range of recommendations] the general standard of the crime of indecent act by compulsion (the target who is not less than 13 years of age) shall be determined by the sentence that there is no basic area (6 months to 2 years), the basic area (the special person).

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