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(영문) 부산지방법원 2015.07.15 2015고단2743
강제추행
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2015, at around 23:50, the Defendant: (a) accessed the following side of the victim E (here, 42 years of age) who is obsescing the pet and dancing in the “DB club” located in Busan B, the Defendant committed an indecent act by force against the victim by rhyming the victim’s shoulder to his her her son.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

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 in 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 which 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, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for sentencing [the range of recommendations] The crime of indecent act by compulsion by force (the target who is not less than 13 years of age) of the first type of mitigation area (1-1 year) of the reduction area (the special person] of the punishment (the decision of the sentence] of the defendant, the defendant's attitude of recognizing and opposing the crime, the circumstances and degree of indecent act, and agreement with the victim.

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