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(영문) 부산지방법원 2014.02.19 2013고단6395
준강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. To prevent the defendant from repeating a sex crime for 40 hours.

Reasons

Punishment of the crime

On July 3, 2013, at around 02:40 on July 3, 2013, the Defendant forced the victim E (here, 49 years of age) in a soup, so that the victim E (here, 49 years of age) was able to take a bath, and the Defendant forced the victim to commit an indecent act by taking her tamp, arms, etc. against his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Where a judgment 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 becomes final and conclusive, 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

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. Scope of recommended sentences based on the sentencing guidelines - The basic area of general indecent acts by compulsion: Imprisonment with prison labor for up to six months to two years;

2. Consideration - Circumstances that take into account that there is no previous conviction above the suspension of execution, and that there is suffering from diseases, such as urology, etc. - Unfavorable circumstances: criminal records of a fine of the same kind, which are recorded in the records of this case, such as the age, character and conduct, health conditions, home environment, motive, means, results, etc. of the crime.

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