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(영문) 부산지방법원 2014.05.14 2014고단14
강제추행
Text

A defendant shall be punished by imprisonment for four 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 November 26, 2013, around 15:00 on November 26, 2013, the Defendant: (a) placed the victim D (the 60-year old 7 years old 30 years old 50 years old 5 years old 5 years old 60 years old 5 years old 5 years old 60 years old 5 years old 5 years old 5 years old 7 years old 5 years old 5 years old 20, and (b) placed

Summary of Evidence

1. Legal statement of witness D;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

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, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

As to the defense counsel's assertion, the victim's statements in the investigative agency and this court are not consistent, and there is no credibility or doubt of false statements, as well as the defendant suffers from the troke-burd symptoms, so it is not possible to block crimes such as facts charged.

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