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(영문) 부산지방법원 서부지원 2019.03.21 2018고단2765
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Uzbekistan nationality who entered the Republic of Korea on February 21, 2018 and the period of stay expires on August 21, 2018.

On December 9, 2018, at around 00:30, the Defendant committed an indecent act by taking the victim D (n't, 27 years of age) who has his own dancing in his/her hand one time with his/her son at the “Cju shop” table located in the Busan Shodong B, and at around 00:50 on the same day, the Defendant committed an indecent act by taking the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Defendant's legal statement;

1. The recording of statements made by witnesses D and E in the second trial records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Contents of F dialogues for victims);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense;

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is deemed unable to expect an effect of preventing recidivism through an order to attend a lecture, since it is difficult to expect an effect of preventing recidivism due to a foreigner's lack of communication in

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Protection of Children and Juveniles against Sexual Abuse is deemed to be relatively less than the disadvantages and anticipated side effects that a defendant may suffer from the order to disclose or notify information, and considering the fact that the effect of preventing sexual crimes

1. The status of the accused under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, or the status of stay in the Republic of Korea, etc.;

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