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(영문) 부산지방법원 2015.10.14 2015고단3618
강제추행
Text

A defendant shall be punished by imprisonment for six 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

In 2013, the defendant became aware of the victim C (V, 21 years of age) who was receiving the education for the life of the merchant as an instructor of the education for the life of the merchant.

At around 14:00 on April 6, 2015, the Defendant: (a) was unable to take the victim’s care of the victim in the vicinity of the Busan Jin-gu, Busan; (b) was unable to take the part in the steering line of the Defendant’s driving vehicle; (c) on the same day, the Defendant parked the above vehicle at the F University dormitory located in Young-gu, Busan; (d) around 17:00 on the same day.

Since then, the Defendant, within the above vehicle, has a bucking of the victim's own buck in line with the bucking of the victim, has laid the victim's shoulder into the victim's entrance while dancinging the victim's entrance, has drawn the victim's shoulder to the defendant, forced the victim's bucks and bucks with left hand, and forced the victim to commit an indecent act by force.

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;

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 full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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