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(영문) 부산지방법원 서부지원 2019.06.04 2018고단2313
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who manages a building facilities and becomes aware of in a group of friendship through a group of victims B (n, 28 years of age) and a group of small groups.

At around 06:00 on May 6, 2018, the Defendant committed an indecent act by placing the victim on his knee, knee, placing him in the inner clothes of the victim in a knee of his own knee, knife, knife his knife, knife his knife, knife his knife, knife his knife, knife his knife, knife his knife, knife his knife with other hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (a CCTV investigation around a taxi wharf and a search for the counter party of a taxi engineer);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of suspended sentence;

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

1. In full view of all the circumstances such as the Defendant’s disadvantage and anticipated side effects, and the Defendant’s age, occupation, family environment, social relationship, motive, means, and consequence of the instant crime, the disclosure of the Defendant’s personal information as well as the disclosure order and notification order, comprehensively taking account of the following: (a) the Defendant’s recognition of and reflects on his/her crime; (b) 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; and (c) it is difficult to readily conclude that the Defendant has the risk of recidivism due to the absence of identical criminal records; and (d) the Defendant’s registration of personal information and the order to attend a lecture may have the effect of preventing recidivism; and (e) the disclosure order and notification order may have the effect of preventing recidivism.

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