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부산지방법원 2017.04.27 2016고단5835

강제추행등

Text

A defendant shall be punished by imprisonment for six 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

1. In around April 29, 2016, the Defendant forced indecent act: (a) in the Fhobsp house located in Busan, Busan, the Defendant forced the victim G (37 years of age, female) to “brupted” and rejected the victim’s “brupted,” but forced the victim to have her hand on the buckbbbbbbbs where the victim’s brupted, and forced the victim to commit an indecent act.

2. The Defendant attempted to intrude upon his residence on the same day, 00:30 square meters, and in front of the residence of the said victim H and the said victim, carried the victim’s house into the said house beyond the victim’s house, but did not intrude into the house under the influence of alcohol due to a lack of breath.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Act and subordinate statutes to a criminal investigation report (verification of CDA content);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Articles 322 and 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

3. Article 62 (1) of the Criminal Act (The following favorable circumstances).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

5. 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, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction is finalized on the facts constituting a sex offense subject to registration and submission of new information.