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Reasons
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(영문) 부산지방법원 2018.02.21 2017고단6015
강제추행
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A defendant shall be punished by imprisonment for 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 October 21, 2017, around 02:46, the Defendant committed an indecent act on the part of the victim by forcing the victim F (F, 33 years of age) to commit an indecent act on the part of the victim. On the part of the victim, the Defendant her left hand to the following side of the victim, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with his her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Complaint;

1. Application of Acts and subordinate statutes to CCTV images, investigative reports (Additional Investigation ofCCTV), and investigation reports (to hear statements from a witness H phone);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Education [the scope of recommended punishment] is the general standard (13 years or more) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years or more) and there is no person [the person subject to special sentencing] [the decision of sentence] of the basic area (6 months to 2 years or more] of the Act on Special Cases concerning the Punishment, etc. of Indecent Acts against the Defendant. [the decision of sentence] of the Defendant is not easy, but the victim is punished by the Defendant. Meanwhile, the Defendant has no record of criminal punishment exceeding a fine, and there is no record of criminal punishment exceeding a fine, and the Defendant appears to have committed any other attitude against the Defendant at the time of the crime, and the punishment is determined as ordered in consideration of the Defendant’s age, sex, environment, method and method leading to the crime, result

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc

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