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(영문) 부산지방법원 2019.02.18 2018고단5973
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2018, around 17:30 on November 14, 2018, the Defendant: (a) reported the victim C (the 18 years of age) returning home at the entrance of the Geum-gu B apartment door in Busan, and, as the Defendant drinkd, at the entrance of the 1st century EF in the 1st floor parking lot in the apartment Ddong, the Defendant slick his bank.

The Security Department, however, committed an indecent act by force on the part of the victim by cutting down the victim's marith with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

2. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (limited to suspension of execution of imprisonment, taking into consideration the absence of criminal records exceeding fines and the fact that there is an agreement with the victim, but to order probation for a considerable period of time as there is possibility of recidivism in light of criminal records of the

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

4. Where a conviction becomes final and conclusive with respect to the facts constituting a sex crime subject to the registration and submission of personal information in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social ties, criminal records, risk of recidivism, the disclosure order and notification order of this case, benefits and effects expected by the employment restriction order, disadvantages and side effects of the order, etc., where the registration and notification of personal information of the Defendant should not be disclosed or notified, and there are special circumstances where the Defendant is a person subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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