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(영문) 부산지방법원 2017.11.20 2017고단4393
강제추행
Text

A defendant shall be punished by imprisonment for four 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 April 30, 2017, at around 01:32, the Defendant used the victim E (28 taxes, women) who had danced at the D club located next to the Busan Jin-gu C, Busan at around 01:32, and committed an indecent act by force against the victim in the table near the 01:34 at around 01:34.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report ( CCTV image analysis at the scene of crime);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act (the suspension of execution of execution of imprisonment shall be imposed in consideration of the fact that there is no criminal record exceeding a fine, there is no record of punishment for the same kind of crime, and the degree of criminal conduct is not severe, but the period of suspension of execution shall be set by a maximum period, considering the fact that there is a lot of past records of punishment for a crime related to drinking and the circumstances after the crime

3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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