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(영문) 부산지방법원 2018.01.22 2017고단4817
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2017, at around 11:00, the Defendant committed an indecent act by force against the victim C (37 taxes, women) who visited his house in order to replace the water purifier 207 of the Busan Youngdo-gu B Mando-gu, Busan, on his own house, on the part of his own house, for the replacement of the water purifier. After the completion of the replacement of the gate, the Defendant committed an indecent act by force by force by driving the victim’s hand on the part of the victim’s body in order to see the body in which the victim would play, and by driving the victim’s arms on his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on the Suspension of Execution (the execution of imprisonment shall be suspended in consideration of extenuating circumstances or the fact that the injured person does not agree with the injured person and is punished strictly for the accused, or that the injured person has no record of punishment for the same kind of crime, and the execution of imprisonment shall be suspended, but he/she shall take lectures in medical treatment and order community service for

3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the case where a conviction is finalized on the criminal facts in the judgment that are subject to registration and submission of new information, the defendant 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.

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