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(영문) 부산지방법원 2015.01.07 2014고단8153
강제추행
Text

A defendant shall be punished by imprisonment for four 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

At around 22:30 on June 27, 2014, the Defendant committed an indecent act by forcing the victim by inserting his fingers into the body of the victim, in spite of the fact that the Defendant, within the VD bank located in the Seocho-gu Busan Metropolitan City, U.S., as well as the victim D (n.e., 21 years of age), was unable to drive on the part of the victim's ship while showing the film, and then making it difficult for the victim to drive on the part of the victim, cutting the victim's upper part and the brogate into the above part, cutting the chest, raising the chest, cutting the chest into the hands, and preventing the victim from driving on the chest with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to an investigation report;

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 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 the protection of the victim, etc., the disclosure order or notification order is determined to be a special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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