logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.09.13 2017고단1258
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 30, 2017, the Defendant became aware of only the victim B (n, 21 years of age) and twice in the drinking place, and around March 30, 2017, "D cafeteria" in Busan Shipping Daegu around 04:20, the Defendant was able to keep the finger in the inner clothes of the victim who was under the influence of alcohol, and then put the finger into the her will of the victim and panty and her panty, and am.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential resistance situation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to a report on investigation (Attachment to suspect data) and to a meeting of the contents of conversation;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In full view of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, and disadvantages and side effects arising therefrom, the Defendant’s personal information should not be disclosed and notified to the public.) where a conviction on the instant criminal facts is finalized against the Defendant who registered the personal information.

arrow