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(영문) 부산지방법원 동부지원 2018.01.17 2017고단2193
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 September 14, 2017, around 04:40, the Defendant: (a) collected from the “C” heading “C” heading on the side of the victim D ( South, 28 years old); (b) laid down the locking on the side of the victim D ( South, 28 years old); and (c) laid down the victim’s sexual organ into the victim’s one half of the victimized person.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

112 Application of Acts and subordinate statutes of Chapter 1 of Chapter 1 of the Act and subordinate statutes to the 112 Report Processing List, Investigation Report (Attachment of On-the-spot photographs), Related photographs, Criminal Investigation Report (Attachment of Sound Recording Files), and Sound

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. 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 Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

In light of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and the following circumstances are comprehensively taken into account the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who registered personal information becomes final and conclusive, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, pursuant to Article 43 of the same Act.

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