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(영문) 부산지방법원 2016.01.28 2015고단5869
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 12, 2015, around 22:00, the Defendant committed an indecent act by force by deceiving the chests and bucks part of the victim D (tax 21) who was divingd on the side of the Defendant at the Dondong, Busan District, Busan District, the Dondong-gu, Busan District of the Defendant.

2. On August 18, 2015, at around 23:00, the Defendant committed an indecent act by force, such as pressing the part of the victim’s breast part of his/her breast at the place specified in paragraph (1) and saving his/her finger into the clothes of the victimized person’s knife, raising his/her finger into the part of the victim’s clothes.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or E;

1. Application of the F's respective self-written Acts and subordinate statutes;

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

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 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 Committed to Order, 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 the accused is obligated to submit personal information to the competent agency pursuant to Article

In comprehensively taking into account 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 disadvantage 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, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing is that the defendant has a lot of records of punishment for the same kind of crime, and the correction order is disturbed when each of the crimes in this case is committed.

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