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(영문) 부산지방법원 2015.08.13 2015고단2987
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 April 7, 2015, at around 22:50, the Defendant: (a) accessed the victim E (here, 43 years of age) who danced while under the influence of alcohol at the stage of the Dondong-gu Busan, Busan, the Defendant committed an indecent act by force by force by making the victim’s breast part, etc. on a multiple occasions, following the victim, who was fluened by drinking, and who was under the influence of alcohol at the stage of the Dondong-gu, Busan, and tried to walk up and walk up his body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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 (i.e., reflectiveness, primaryity, etc.);

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under Article 43

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 personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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