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(영문) 부산지방법원 서부지원 2017.08.30 2017고단677
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2017, around 21:47, the Defendant committed an indecent act by forcing the victim to enter the victim after following the victim D (Woo, 21 years of age) around the Dong branch of the Seo-gu Busan apartment complex, Seo-gu, Busan, and then forced the victim to enter the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a investigative report ( OnCCTV image);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do131, May 1, 2

1. Where a conviction on the criminal facts stated in the judgment against the defendant who has registered his/her personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to the 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 to the head of a police office having jurisdiction over his/her domicile under Article 43(1)

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.

The reason for sentencing is not less than the nature of the crime of this case, and the victim seems to have suffered a considerable mental shock, and the punishment shall be determined in consideration of the unfavorable circumstances such as the failure to receive a letter from the injured person, on the other hand, the violation, the absence of criminal records, and the existence of a dependent.

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