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(영문) 부산지방법원 2014.04.30 2014고단1017
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 04:00 on January 21, 2014, the Defendant discovered that the victim C (at 20 years of age) suping out from a soup to the fourth floor of the Seo-gu Busan, Seo-gu B building, and accessed the victim, and then met the victim's left buckbucks with the victim's hand using the sup that the victim suped, and filled up the hands under the part of the victim's soup to the panty.

Accordingly, the Defendant committed indecent act by force against the victim by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200

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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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