logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.09.17 2018고단2066
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the representative of the "C" in Busan-gu, and the victim D (n, 25 years old) is an employee who is in charge of the above C counseling service.

1. On November 3, 2017, around 21:00, the Defendant committed an indecent act by force against the victim, such as the victim’s right-hand hand, and the victim’s right-hand bucks, by force, in the “Fing room” located in Seo-gu, Seo-gu, Gwangju, Gwangju, with the victim.

2. On November 4, 2017, around 01:00, the Defendant committed an indecent act by force against the victim, such as inducing the victim from the “H hotel” I room located in Seo-gu in Gwangju, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act (the liability for the crime shall not be minor in light of the circumstances and details

Provided, That the execution of imprisonment shall be suspended in consideration of the agreement with the victim, but community service for a considerable period shall be ordered).

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

5. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

The registration and submission of new commercial information shall be made.

arrow