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(영문) 부산지방법원 2015.02.11 2014고단10211
준강제추행
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

On July 20, 2014, at around 04:46, the Defendant discovered the victim E (the age of 18) who was divingd within the “Dupbry” located in Busan Jin-gu, Busan, and took it back to the victim, and subsequently, the Defendant was her aground on the part of the victim, making soup soup. The Defendant was her aground on the part of the victim, and her bridge was her aground.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV verification), CCTV-faging statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to 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 competent agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The basic area (six to two years) of the sentencing criteria [the range of recommendations] general standards and the basic area (six to two years) of the crimes of indecent act by compulsion (the objects at the age of thirteen) by compulsion;

2. The degree of indecent acts committed in the decision of sentence; and

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