logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.26 2019고단1307
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

On March 28, 2019, around 16:40 on March 28, 2019, the Defendant committed an indecent act by force against the victim C (one’s name, female, and 20 years of age) who is a blaser, who was taking part in the opening of a business establishment in Busan City, in front of B, with the victim’s her own hand, and tried to get out of the brupt.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning C (tentative name) and D (tentative name);

1. Application of Acts and subordinate statutes to investigation reports;

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62-2 of the Criminal Act;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the grounds for sentencing under Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. Circumstances unfavorable to the determination of sentence: In cases where a conviction becomes final and conclusive on the facts constituting an offense on which the defendant is 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 the defendant is obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 of the same Act, because the degree of indecent act is serious, the victim is not required to receive a written application, the circumstances favorable to the fact that there is a criminal offense of the same kind of fine: Recognizing a mistake, not re-offending

An order of disclosure or notification.

arrow