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(영문) 부산지방법원 동부지원 2017.03.08 2015고단2281
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 12, 2015, around 02:42, the Defendant committed an indecent act by force against the victim’s left hand by putting the victim’s hand on his own side by putting the victim’s hand on the roadside of Busan Shipping Daegu, 2015, which was able to see that the victim C (nick, 19 years of age, 19 years of age, her name) who wraped a mixed tobacco.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. 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 deemed to be in a state of mental and physical weakness after committing an offense, and therefore it is deemed impracticable to attend a sexual assault treatment program;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In addition, in full view of the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, disadvantages and side effects therefrom, etc., where the Defendant’s personal information registration of the instant crime becomes final and conclusive as to the Defendant.

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