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(영문) 부산지방법원 2015.04.22 2014고단9187
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant, together with C, stated that the defendant's wife E (n, 49 years of age) of the defendant's family gathering D, while drinking alcohol, the defendant said that the victim's husband D has the wind while drinking alcohol, and that the victim would have been aware of the defect, and that the victim would have known about the defect, the defendant and the two met the two mets after drinking alcohol in the frequency of the meeting.

On July 14, 2014, at around 22:00, the Defendant: (a) 3 Ganoble room located in the first floor F of the Geumdong-gu, Busan, the Defendant: (b) laid the victim’s her husband’s son’s family relation with his husband into the Titius where the victim was suffering; (c) laid the Defendant into a sofa; (d) laid the victim into a sofaba; and (e) laid the victim’s body, laid the Defendant into the sofaba; and (e) laid the Defendant on the part of the victim’s body, laid the finger into the Titts where the victim was suffering, thereby committing an indecent act by force against the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to prosecutions and police statements of E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is 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 is obligated to submit personal information

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the child or juvenile protection order shall be considered.

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