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(영문) 부산지방법원 2015.03.04 2014고단665
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 23, 2013, the Defendant: (a) around 23:00, around 23:00, 2013, operated by the victim D (Woo, 46 years of age) located in the Busan East-gu C2, and (b) took two Doer-si with F along with F, and paid 250,000 won to the victim at around 02:28 the following day, and opened the said singing door.

The Defendant committed an indecent act by force against the victim by driving the victim's left chest by driving the victim's hand on the victim's hand, who followed him/her to send him/her on the corridor outside the singing door.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of each police interrogation protocol concerning D;

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 grounds for sentencing [the scope of recommendations] the general standards for sex offenses.

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