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(영문) 부산지방법원 2020.02.05 2019고단5698
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

The defendant is the difference between the victim B and the workplace club in the restaurant located in Busan-gu C.

피고인은 2019. 8. 24. 01:50경 피해자를 포함한 동료들과 함께 부산 연제구 D 소재 E 노래연습장에서 회식을 하며 노래를 부르다가 갑자기 피해자의 어깨에 손을 올리고, 허리를 감싸고, 피해자의 귀에 “내가 20년만 젊었어도 너를 꼬셨을텐데 아쉽다”라고 속삭이는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and telephone conversations of persons for reference;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction against a defendant is finalized on the criminal facts stated in the ruling to register and submit personal information of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to a related agency pursuant to

In full view of the Defendant’s age exemption from disclosure and notification order, type of crime, criminal process, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where disclosure and notification of the Defendant’s personal information is made or the Defendant’s employment restriction is prohibited in institutions related to children and juveniles and welfare facilities for disabled persons, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

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