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(영문) 부산지방법원 서부지원 2018.06.20 2018고단990
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2018, the Defendant: (a) committed an indecent act against the victim E in a D cafeteria located in Busan Western-gu, Busan, on May 22, 2018, with the intention of forcing the victim to commit an indecent act; (b) approaching the victim; and (c) forced the victim to commit an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of investigation reports (Attachment toCCTV images, etc.), CCTV video-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the circumstances under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Defendant is difficult to expect the effect of preventing recidivism by having a foreigner of Russian nationality attend a program because communication in Korean does not facilitate, there are special circumstances under which no order to complete program may be imposed on the Defendant;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, there are special circumstances where disclosure of the Defendant’s personal information may not be disclosed.

The reason for sentencing

1. Where the degree of conduct in the mitigation area (one month to one year) (special mitigation person) is weak in the area of reduction (one year from one year), in the case of any indecent act committed by force (subject to at least 13 years) under the general criteria of the scope of the recommended punishment on the sentencing criteria;

2. An unfavorable circumstance, such as the fact that there is no agreement with the victim of the decision of sentence, and the defendant recognizes the crime of this case, and the defendant repents the error in depth.

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