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(영문) 부산지방법원 2018.04.11 2017고단6433
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2017, at around 20:45, the Defendant’s main point of “D” located in the Dong-gu Busan Metropolitan City on December 4, 2017, told the Defendant to the effect that he talks with the sound of the business owner, and the Defendant saw the disturbance from the victim E (V, 57 years of age) who is another customer.

When the victim was asked for a restraint along with the word “,” the victim’s chest was flicked with the finger hand and met.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Legal statement of witness E;

2. Statement made by the police for E.

3. Application of Acts and subordinate statutes to police investigation reports (the chief of a criminal scene and the chief of a workplace);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

3. Protective observation and community service order under Article 62-2 of the Criminal Act, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. Determination as to the defendant and his/her defense counsel's assertion in full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; (d) the defendant has no record of suffering from the crime; and (e) the defendant has no record of punishment for sex crimes; and (e) the defendant's age, sex behavior, environment, family relationship, etc.; and (e) the defendant's benefit and preventive effect expected from disclosure or notification order of the registered information

1. The summary of the assertion is that the defendant commits an indecent act against the victim as stated in the judgment.

2. Determination

A. The conviction in a criminal trial is to be found guilty.

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