logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.04.08 2014고단8597
준강제추행
Text

A defendant shall be punished by imprisonment for six 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 July 13, 2014, around 06:30 on July 13, 2014, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental or physical condition, where the victim F (n, 24 years of age) was reporting that the victim F (n, female, and 24 years of age) who was playing in the same place was locked.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of the Act and subordinate statutes to the police statement of F (including the G statement);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defense counsel's assertion on the defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order. Since the defendant alleged that he was in a state of mental disorder due to drinking alcohol at the time of the crime in this case, according to the above evidence and the record, the defendant was aware that he had drinking alcohol at the time of the crime in this case, but did not have the ability to discern things

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

When considering the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree and anticipated 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 which may be achieved therefrom, and the protection effect of the victim, etc. comprehensively.

arrow