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(영문) 부산지방법원 2015.02.04 2014고단9630
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 August 30, 2014, around 21:55, the Defendant: (a) reported the victim C at the front delivery of the Jinsan River-ro 9-gil 17, Busan Northern-gu, Busan, and subsequently committed an indecent act by force on the part of the victim, as the victim’s her son's son and her her son her son her son her son her son her

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 [Scope of Recommendation] A type of crime of indecent act by compulsion by force (subject to the age of 13) in the context of mitigation (one month to one year) in the area of mitigation (limited to a special person] [Determination of sentence] in the case of a defendant's refusal to punish and reflect the defendant's crime, the degree of indecent act, the degree of agreement with the victim, the suspension of execution is sentenced to the same kind of crime.

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