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(영문) 부산지방법원 2019.10.14 2019고단3043
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The victim B(60 years old and female) operates a coffee house at the entrance of the Busan Jin-gu C Station, and the victim D(74 years old) was known to B with the victim.

1. On June 23, 2019, the Defendant: (a) committed indecent act by compulsion; (b) on June 23, 2019, the Defendant: (c) committed indecent act by compulsion by force against the victim, by using kiscing the victim “a kisc where kis kis kis kis kis kiss

2. The Defendant assaulted the victim’s neck on the ground that the victim D who observed the above site was prevented at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of B and D;

1. The police statement concerning B;

1. Written statements prepared in D;

1. A victim's DNA photograph;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of CCTV images at the scene of crime);

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is added up to the total of the long-term punishment of both crimes)

3. Article 62 (1) of the Criminal Act;

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

5. Where a conviction becomes final and conclusive with respect to the crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the accused constitutes a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment,

In the case of a defendant, the registration period of personal information is 15 years under Article 45 (1) 3 and 45 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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