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(영문) 부산지방법원 2020.02.20 2019고단5701
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 October 3, 2019, around 01:20, the Defendant discovered the victim D (n, 20 years of age) who is salving salving salving salle at the “C” main point located in Busan Jin-gu, Busan, and found the victim D (n, 20 years of age). After the victim, the Defendant committed an indecent act against the victim by salving her malm with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. A report on investigation (related to securing CCTVs for damage);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the accused falls under 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

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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