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(영문) 부산지방법원 2017.01.19 2016고단4143
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant, at around 11:03, committed an indecent act, committed an indecent act by force against the victim E (hereinafter “victim, 24 years of age, and household name”), who is an employee selling the mobile phone, by stating that “Influence is good, it is good for him/her to do so once,” and the victim committed an indecent act against the victim by forcing him/her to take the hand of the victim again in the ppuri.

2. On June 17, 2016, the Defendant sent a mobile phone text message to the victim as stated in the above paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) stating, “If the Defendant hears the young son’s 30-minute fluort, 1,000,000 flusst and flusted, the young son’s flustt will be young, and if he listens to the flut flut flut flust, flut, and fluened flust, the Defendant sent the cell phone text message to the victim.”

In other words, they have reached a sense that may cause sexual humiliation and aversion of victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The screen of a letter-cape;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where the part of a judgment on compulsory indecent act in relation 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 is finalized, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the victim.

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