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(영문) 부산지방법원 2014.04.16 2013고단6077
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 of the final judgment.

Reasons

Punishment of the crime

around 01:20 on July 17, 2013, the Defendant committed an indecent act by force on the part of the victim, who was an instructor of the “HAHA” operated by the Defendant, with the victim I (the 33 years of age), who was seated in the table while drinking alcohol.

Summary of Evidence

1. The statements made by witnesses I and J in the second trial records;

1. Statement made by K witness in the third protocol of the trial;

1. Application of each police protocol to I and J

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.

Defendant

The defendant and defense counsel's defense counsel's assertion is that the defendant and the victim sold the name of the defendant and the victim got the defendant's grandchildren by two descendants, and the defendant's grandchildren are on the chest of the victim.

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