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(영문) 부산지방법원 서부지원 2018.01.10 2017고단1356
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:30 on June 23, 2017, the Defendant discovered that the victim E, the spouse of the patient who was hospitalized in the hospital D Hospital 6209 which was hospitalized in the hospital D Hospital C, Busan, and had been hospitalized in the same hospital, (the 68 years old), who was the spouse of the patient, was locked in a simple bed for the guardian, and the victim was frightd with the victim's part by hand, and the victim was frightd with the sound, and the victim was frighted to fright back to fright the sound, and then the victim was frightd with the victim's part by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and the instant notification order, disadvantages and side effects, etc., there are special circumstances that need not disclose the Defendant’s personal information.

If a conviction on a crime in the judgment that is subject to registration and submission of personal information becomes final and conclusive, 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.

The crime of this case on the grounds of sentencing is disadvantageous to the nature of the crime, and is not agreed with the victim.

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