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(영문) 부산지방법원 2018.11.23 2018고합380
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The Defendant, as a fluorial fluor who was aware of the victim B (n, 19 years of age) and from the elementary school, was fluorial fluor with his her fluorial fluor and fluorial fluor in the same room where fluoral flus

At around 02:00 on January 9, 2018, the Defendant discovered the victim who was divingd from the Defendant’s side, found the victim’s mental and physical loss, or the victim’s panty to the bucks, using the victim’s failure to resist, and put the victim’s hum and panty in the victim’s humbbbs, and continued to put the Defendant’s humbus into the victim’s hum.

Accordingly, the Defendant used the victim's mental or physical loss or the state of impossibility to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) proviso to 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and social ties, records of the crime, the details and motive of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the order to disclose or notify information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc. shall be comprehensively taken into account;

Since it is judged, it is ordered to disclose to the defendant.

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