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(영문) 부산지방법원 서부지원 2018.06.08 2018고단318
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On December 4, 2017, the Defendant: (a) was seated on the 8th 28th knife in the train in the Busan Metropolitan City, Busan Metropolitan City, and the train was seated on the 27th knife, which is the next seat, when the train was in operation between Young-dong and Kimcheon-gun; (b) covered the victim D (the 17th st knife) who was a child and juvenile seated on his/her own knife; (c) covered the victim’s chest part by both hand; (d) covered the victim’s chest part by both hand; and (e) down the victim’s right knife by placing the victim’s knife under the left knife; and (e) committed indecent act by force on the part of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, or the Punishment, etc. of Sexual Crimes;

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Public Order and Notification Order, and the Reasons for the Sentencing under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of the recommended punishment in the sentencing guidelines] - The basic area (6 months to 2 years) of the Act on the Crimes of Indecent Act (the general indecent act) [the sentence] is the juvenile in which the victim is placed, the indecent act was committed during a considerably long period, the fact that the victim did not agree with the victim, the fact that the victim was unable to reach an agreement, and the degree of exercise of the attitude or form of force of the criminal act in the same kind is not much serious, consideration shall be given to the circumstances that are favorable to the defendant's age, sex, environment, motive and means of the criminal act, the motive and result of the criminal act after the crime, etc.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc

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