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(영문) 부산지방법원 동부지원 2015.09.09 2015고단1239
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 15, 2015, at around 04:00, the Defendant committed an indecent act by force against the victim D (here, 22 years of age) with the victim’s right macks the victim’s right mack with her hand, because the victim’s macks the victim’s right mack with her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Where a judgment of conviction becomes final and conclusive with respect to the criminal facts of this case against a defendant who shall submit personal information of this case under Article 59(1) of the Criminal Act (no same type of crime, and a fine of 2,000,000, which is postponed considering reflectness, agreement, etc.) of the suspended sentence, 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

However, this court shall suspend the sentence of the defendant, and if it is deemed that the defendant is acquitted after two years have elapsed since the decision became final and conclusive, the defendant shall be exempted from the obligation to submit personal information as a person subject to registration.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved therefrom, the preventive effect of sexual crimes subject to registration, the effect of protecting the victim, etc. of the Defendant’s exemption from disclosure order and notification order, the Defendant is determined to have special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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