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(영문) 부산지방법원 2013.04.24 2012고단10712
강제추행
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2012, at around 04:30 on November 25, 2012, the Defendant: (a) committed indecent acts by compulsion by force against the victim D (the age of 13) on the right side of the Seo-gu Busan Western Crupbry ground; (b) reported that the victim D (the age of 13) was diving; (c) had the victim’s left hand on his own sexual flag; and (d) had the victim’s left hand to force indecent acts by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (see, e.g., the recognition of and reflects on the criminal conduct, and the fact that there is no criminal record of probation or heavier);

1. Where a judgment becomes final and conclusive on the registration of personal information of probation and community service order under Article 62-2 of the Criminal Act, the accused is a person subject to registration of personal information pursuant to Articles 32 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of the above Act;

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.

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