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(영문) 부산지방법원 동부지원 2017.02.07 2016고단1556
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 24, 2016, around 17:20 on July 24, 2016, the Defendant had the mind to report the Victim F (M, 21 years of age) being kept in the sea in front of the E in Busan Shipping Daegu CFD, and to commit an indecent act against the female.

The defendant finds that the injured person is in a mixed manner separate from his/her conduct and finds that he/she is next to the injured person so that he/she can do so, and he/she is a bad thing.

Ma. The victim was frighted with a breath of the victim’s shoulder.

The Defendant called “the victim’s buck,” and requested the victim’s relative in the vicinity to assist, and the Defendant saw the victim’s back to the close water that does not contact with the victim, and led the victim to the deep water, and then, the Defendant spucks, bucks, spucks, spucks, and sprinks were sent several times by hand.

Accordingly, the Defendant forced the victim to commit an indecent act as above.

Summary of Evidence

1. Statement made by the prosecution against the F;

1. Application of statutes on police statements made to F, G, and H;

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

1. Where a conviction becomes final and conclusive on the criminal facts of this case against a defendant who shall submit personal information under the main sentence of Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant constitutes 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, and thus, is obligated to submit personal information

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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