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(영문) 부산지방법원 2015.11.20 2015고단6235
강제추행
Text

A defendant shall be punished by imprisonment for four 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 August 20, 2015, the Defendant: (a) around 15:05, around 15:05, committed an indecent act by force on the part of the victim C (Inn, 19 years old) who is charged with a mobile phone at the time of telephone charging 15, the Defendant: (b) told the victim C (inn, her age 19) who is in charge of the mobile phone, as “dynae”; and (c) made two times the left part of the victim’s knive kb

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 (6 months to 2 years), the basic area (6 months to 3 years) of the crime of indecent act by compulsion by force (subject to the age of 13) on the basis of the general standard of sexual crime (subject to the age of 13). [Determination of sentence] The defendant seems to have the attitude of recognizing and opposing the defendant's crime when committing the crime, and the part and degree of indecent act.

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