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(영문) 부산지방법원 동부지원 2016.07.06 2015고단2299
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 9, 2015, the Defendant, around 16:30 on August 16, 2015, committed an indecent act by force against the victim E (n, 31 years of age) who takes a sea-water bath at the sea in front of the D bathing beach located in Busan Metropolitan City, Daegu C, by moving her to starboard, and by making the victim move her her her her k's k's k's k's k's k's k's k's k's k's b

Summary of Evidence

1. Statement by the defendant in court;

1. Application of legal statements Acts and subordinate statutes of E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In light of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and the following circumstances are comprehensively taken into account the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure order and the notification order of this case, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who has registered personal information becomes final and conclusive, the Defendant is 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, the obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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