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(영문) 부산지방법원 2014.11.12 2014고단6874
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

On June 28, 2014, at around 18:47, the Defendant: (a) reported the victim E (n, 21 years of age) (n, 21 years of age) who was coming from the underground passage near the Dbook located in Busan Jin-gu C, Busan, and committed an indecent act by force on the part of the victim due to his hand.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

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;

1. Where a conviction becomes final and conclusive with respect to a crime 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

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, given that there are special circumstances that may not be disclosed or notified of personal information pursuant 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.

The reason for sentencing [Scope of Recommendation] The crime of indecent act by compulsion by force (subject to the age of 13) on the grounds of the general standard of sexual crime (subject to the age of 13) and the area of mitigation (one month to one year), [special person] the defendant does not recognize the punishment (decision of sentence], but the victim does not want the punishment of the defendant.

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