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(영문) 부산지방법원 동부지원 2020.04.08 2020고단102
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 17, 2019, the Defendant is a person who was sentenced to six months of imprisonment or two years of suspended execution at the Busan District Court for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the said judgment becomes final and conclusive on the 25th of the same month and is still under suspended execution.

At around 15:00 on December 9, 2019, the Defendant committed an indecent act, such as: (a) inside the Busan metropolitan bus (C) operated on the surface of the luminous station located in the area of the plane captain in Busan-gun; (b) inside the side of the victim D (S, age 42) in which the window was seated by the front seat of the driver’s seat; and (c) holding the Defendant’s seat on the front seat of the victim; and (d) holding the Defendant’s seat on the front seat of the driver’s seat; (b) holding the Defendant’s hand over the part of the victim’s right buckbucks; and (c) holding the Defendant’s hand on the right right buckbucks; and (c) making the victim’s

Accordingly, the Defendant committed indecent acts by deceiving the victim's right-hand bucks in a state of impossibility to resist by taking locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (with respect to the confirmation ofCCTV image);

1. Recording recording recording recording recording;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the Defendant’s age, occupation, risk of recidivism; type of and motive for the instant crime; the process of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant due to an order to disclose or notify information; the prevention of sex crimes subject to registration that may be achieved therefrom; and the effect of protecting the victims, etc. shall not be disclosed or notified.

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