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(영문) 부산지방법원 2015.07.16 2015고단1378
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 15, 2015, at around 22:15, the Defendant: (a) committed an indecent act by force against the victim, such as: (b) reporting the victim C (n't and 22 years of age) on the street side of the 65 Yancheon-dong, Busan, Seocheon-dong, Busan; (c) 22 years of age; (d) reporting the victim’s c; and (e) reporting the victim’s chest and fluor; (e) leaving the victim’s chest and fluor; and (e) leaving the victim’s chest and fluor; and (e)

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal history (CCTV and on-site drawings) and each investigation report (to listen to telephone statements, including the investigation of shots, the details of reports on witnesses and witnesses, etc.);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the reflectivity, the fact that there is no force for the same kind of crime);

1. Where part of the judgment on the registration of personal information of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 thus, the obligation to submit personal information to the competent agency under Article 43 of the same

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.

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