logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.11.18 2020고단2740
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On May 21, 2020, the Defendant: (a) committed indecent act by compulsion against the victim B (the name of the victim); (b) around 19:29, at the rehabilitation room in the D Emergency Hospital C located in Busan B, the victim, who is a nurse under his jurisdiction, was the victim of the victim’s side in order to measure the depth of the Defendant’s heart; and (c) the victim’s left chest was indecent act by compulsion of the victim by hand, etc., with the victim’s hand.

2. On May 21, 2020, the Defendant attempted to commit indecent act by compulsion against the victim E (the name of the victim) in an emergency room as stated in paragraph (1) around 19:45 on May 21, 2020, the Defendant attempted to commit indecent act by compulsion by force by extending the victim’s left chest, while the victim, who is a nurse under his jurisdiction, measured the Defendant’s active shock, and attempted to commit indecent act by force. However, the Defendant did not commit an attempted act by force on the part of the Defendant’s hand and restrain the victim from doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Application of CCTV image CDs and photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction against the defendant is finalized as to the crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, the defendant becomes 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and crime of exemption from the disclosure or notification order of personal information.

arrow