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(영문) 부산지방법원 2015.12.23 2015고단6363
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 12, 2015, at around 01:15, the Defendant, under the influence of alcohol in front of the first floor area of the E in Busan Dongdong-gu, Busan, the Defendant committed an indecent act by force on the part of the victim, by putting the victim’s knee and knife in a way that the victim F (n. 41 years of age) communicates with the male-gu. The victim’s knee and knife were used behind the victim’s bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. Penalty fine of KRW 5,000,000 to be suspended;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 59(1) of the Criminal Act (including the fact that the defendant appears to be aware of and reflect against the crime, and the victim does not want the punishment of the defendant by agreement with the victim) of the suspended sentence, the defendant 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 the defendant is obligated to submit personal

(However, the suspension of sentence is not invalidated after the judgment on suspension of sentence becomes final and conclusive, and the defendant is exempted from the obligation to submit personal information two years after the suspension of sentence becomes final and conclusive. In light of the defendant's age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved thereby, and the protection effect of the victim, it is judged that there is a special reason that the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act

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