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(영문) 부산지방법원 2015.09.24 2014고단10360
강제추행등
Text

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

1. On October 3, 2014, around 17:40 on October 3, 2014, the Defendant: (a) committed indecent act by force by force on the part of the victim E (the 35-year old) who was working on the part of the motor vehicle in the front of the motor vehicle in Busan Shodong-gu, by force; (b) as the victim E (the 35-year old) puts his hand into the left part of the motor vehicle, and led the victim to indecent act by force on the part of the left part.

2. The Defendant assaulted the victim F(34 years of age) who observed the Defendant’s wife at the time, at the same time, and at the same place as above, the victim F (34 years of age) who observed indecent act by force on the part of the Defendant at a time and at the same time and place, flaped the victim’s flaps, flading the victim’s flaps,

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act and Articles 298 and 260 of the Criminal Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (No criminal record exists that may be considered for the latest ten years, and the degree of damage, etc. shall be considered);

1. Where part of a judgment on the registration of personal information of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is 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 thus, he/she is obligated to submit personal information to the competent agency pursuant to

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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