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(영문) 부산지방법원 2015.09.09 2014고단10186
강제추행
Text

A defendant shall be punished by imprisonment for six 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 August 17, 2014, the Defendant, at around 05:40 on August 17, 2014, moved to the victim F (n, 21 years of age) in the E club located in Busan Jin-gu, Busan, and moved to his own vehicle after boarding the vehicle. On the same day, at around 06:00 on the same day, the Defendant demanded the victim to have a sex relationship by installing the vehicle on the road near the Busan, Nam-gu, Busan, and forced the victim to commit an indecent act by force by force.

Summary of Evidence

1. Legal statement of witness F;

1. Application of the F prosecutorial protocol of statement to the prosecution;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

The reason for sentencing [the range of recommendations] There is no basic area (6 months to 2 years), the basic area (the special person) (6 months to 2 years) (the special person)] (the decision of the sentence) of the crime of indecent act by force (the object at the age of 13) on the general standard of sexual crime. The defendant denies the crime.

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