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(영문) 창원지방법원 진주지원 2016.06.14 2016고단304

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:10 on March 29, 2016, the Defendant took head in the beauty room of the victim D (n, 48 years of age) operated in Jinju-si, Jinju-si, and had the victim expressed his desire to talk with the victim on one occasion, resulting in the victim’s humbuck part of the victim’s humbuck, and continued to commit an indecent act against the victim by forcing the victim to put the victim’s shoulder by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the statutes that contain some statements among the protocol of interrogation of the suspect to the defendant;

1. The punishment under Article 298 of the Criminal Act, and the punishment of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the kind, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the 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.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Although the Defendant was guilty of the victim's knee, the Defendant asserted that knee is less than knee of the victim, but he did not buckbucks or knebbbbbbs as stated in the facts of crime. However, the statements made by the police and the court in the victim's police and the court are consistent, clear, and described in the unique part at the time, including the detailed circumstances, are sufficiently reliable, and the Defendant asserts.