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(영문) 부산지방법원 2019.07.24 2019고단2276
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant visited the Plaintiff as a customer to the Busan Jin-gu C building and the third floor “D”, which is operated by the victim B (the age of 26) and became aware of with the victim.

On January 13, 2019, at around 00:16, the Defendant tried to keep the victim’s bucks that were seated next to the “D” and kisk, etc. by getting the victim’s losses, and tried to do so. While the victim expressed the victim’s intention of refusal several times, the Defendant continued to stop the victim’s bucks and put the victim’s losses into the bucks of the victim, and forced to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of the accused against the criminal facts stated in the judgment on special cases concerning the punishment, etc. of sexual assault crimes is finalized, 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 to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where disclosure and notification of the Defendant’s personal information is made or the Defendant’s employment restriction is prohibited in institutions related to children and juveniles and welfare facilities for disabled persons, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children

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