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(영문) 부산지방법원 동부지원 2021.03.30 2020고단2681
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 15, 2019, the Defendant borrowed 5 million won or more from a restaurant near the Busan Metropolitan Transportation Daegu B building, and committed an indecent act by force against the victim, such as: (a) the lessee, who wishes to substitute for the meals with the surgery cost of KRW 5 million; (b) the victim C (the 68 years old); (c) the victim was sent to the Esing practice site located in the same Gu D; (d) the victim was sent to the instant singing practice site; and (e) the victim was talked with the victim’s humf by hand from the back of the victim’s own hums; and (e) the victim’s face was reduced to the victim’s humf by hand; and (e) the victim’s body was returned to the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service and attend lectures is issued;

1. Where this judgment becomes final and conclusive on the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act, the defendant 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of a crime, disclosure order or notification order, the degree of disadvantage for the Defendant to be admitted and the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order against the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the same Act.

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