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(영문) 부산지방법원 동부지원 2016.06.24 2016고합44
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant became aware of the victim D (the age of 19) who part-time work at the head office operated by C through women-friendly job offering C.

On November 13, 2015, at around 19:00 on November 13, 2015, the Defendant, the victim, and C performed a game in a restaurant near the Southern-gu Busan metropolitan area, and they returned the bomb, and they came to singing after the second drinking place was completed.

On November 13, 2015, the Defendant: (a) around 23:25 on November 13, 2015, at F speech room located in Busan Southern-gu, Busan-gu, the Defendant reported the shape of the victim under the influence of drinking water; (b) laid away earth and sand buried in the clothes of the victim; and (c) took one hand the victim's chest into the victim's chest, and her panty, and her knife other knife knife knife knife knife

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the witness C;

1. Statement made by the prosecution against C;

1. Application of the Acts and subordinate statutes governing Fing CCTV images to photographs and Fing CCTV CDs by capturing the Fing CCTV;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction is finalized on the crime of this case, which is a sex offense subject to the registration of personal information.

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