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(영문) 부산지방법원 2020.09.25 2020고단2199
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a clothing repair business operator, and the victim B (the family name, the 23 years of age, the female) is a guest who visits the defendant's shop.

On February 26, 2020, the Defendant, around 11:20 on February 26, 2020, visited the shoulder of the victim to repair to “E” operated by the Defendant of the 1st underground floor of the Busan High-dong C building D, Busan High-gu, as it seems to be sealed into his own arms, and committed an indecent act by force against the victim, such as the victim’s awareness, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The application of Acts and subordinate statutes in writing of a report of investigation (to hear statements of victims);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction against the defendant is finalized as to the crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, the defendant becomes 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 to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, personal information is subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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