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(영문) 부산지방법원 동부지원 2017.12.06 2017고단2305
강제추행
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

The Defendant is a patient hospitalized in the E Hospital 814 located in Busan Shipping Daegu, and the victim C (the victim 21 years of age) was a patient for nursing training in the same hospital. On August 10, 2017, around 17:35, the Defendant: (a) around August 17:35, 2017, on the part of the victim who reported the patient records to conduct a blood-related examination, and (b) committed an indecent act against the victim by coercioning the victim’s left her part, as the victim’s her part her part her part her part her part her part her part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

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 the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects therefrom, the Defendant is found guilty of the Defendant’s personal information registration of the instant criminal facts.

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