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(영문) 부산지방법원 동부지원 2016.10.19 2016고단1470
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

On December 28, 2015, at around 21:50, the Defendant committed an indecent act against the victim by reporting the victim D (51 years old) who is a restaurant operator (hereinafter referred to as the “victim”) who was a restaurant operator who was a food on the Defendant’s table on the Defendant’s table on the “C cafeteria” on the onest floor of the building in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, by drinking the victim’s left hand on three occasions against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements prepared D and F;

1. Application of the Acts and subordinate statutes to photograph CCTV photographs and CCTV on the surface of a indecent act by compulsion;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses (the Defendant has no record of being punished for a sex offense, and the characteristics of the instant crime, etc. are hard to readily conclude that there is a risk of recidivism by a sexual crime against the Defendant in light of the following: personal information registration and the completion of sexual assault treatment programs are deemed to have the effect of preventing recidivism to a certain extent; in full view of the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure and notification orders of the instant case, and the disadvantages and side effects of the instant order, the Defendant shall be punished by a sexual crime.

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