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(영문) 부산지방법원 동부지원 2016.10.12 2016고단1160
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 April 7, 2016, the Defendant was a security guard in Busan Southern-gu, and was in weak condition with the ability to discern things or make decisions due to dementia, etc., and was in bad condition with the victim D (the age of 48) who is the cause of delivery within the guard room of the said C Apartment 102-dong, in order to receive return of the selective distribution, he had the intention to commit an indecent act against the female on the face, and committed an indecent act by force against the victim's right mar with his hand, as it was rhyd with the victim's right mar.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is in a state of mental disability due to dementia,

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles Sex Offenses does not have any history of being punished for a sex offense; in light of the characteristics of the instant crime, etc., it is difficult to readily conclude that the Defendant’s general risk of recidivism of a sexual crime exists; the registration of personal information and the completion of a sexual assault treatment program alone appears to have the effect of preventing recidivism to a certain extent; and the Defendant’s age, family relationship, the process and process of the instant crime; the benefits expected by the disclosure and notification order of the instant case; and disadvantages and side effects therefrom, etc. shall not be disclosed and notified.

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