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(영문) 부산지방법원 2016.03.16 2015고단4701
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor by the Busan District Court and two years of suspended execution on April 25, 2015, and the judgment becomes final and conclusive and is still under suspended execution.

On June 27, 2015, at around 22:15, the Defendant: (a) discovered and discovered the movement of the victim E (the age of 22) and the victim F (the age of f), and committed an indecent act against the victims by releasing out their arms from the victim and his/her happiness to the Defendant, while walking out their arms, the Defendant committed an indecent act against the victims by releasing the horses and arms of the aforementioned F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Previous convictions in judgment: (A) a response to inquiries, such as criminal history, reporting on the results of confirmation of previous convictions in disposition, reporting on the result thereof, applying Acts and subordinate statutes of the Busan District Court Decision 2014 High Order 10191

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

1. Selection of each sentence of imprisonment;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime which is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is 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

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., personal information is subject to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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