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(영문) 부산지방법원 2015.02.04 2014고단942
강제추행등
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 June 20, 2013, around 22:44, the Defendant: (a) committed an indecent act by force against the victim by using the victim’s neck as a part of the victim’s breath on the road near the “Dcafeteria” located in the Busan Seo-gu C, and (b) the victim E (n.e., 26 years of age) passed by brea.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police 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, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for sentencing [Scope of Recommendation] There is no basic area (six months to two years of imprisonment) (special person] (the decision of sentence] of the first type of indecent act by compulsion by force (the target who is not less than thirteen years of age) on the basis of the general standard of sexual crime (the object which is not less than 13 years of age). The decision of sentence shows the attitude of the defendant to recognize and reflect the crime, the degree of indecent act, the same kind and fine are exceeded.

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