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(영문) 창원지방법원 2016.11.24 2016고단3154

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 27, 2016, around 01:30 on July 27, 2016, the Defendant: (a) drinked a mixed alcoholic beverage within the “D main shop” located in Seongbuk-gu, Changwon-si; (b) had the victim E (the 25-year-old age), who is the customer, suffered a short radius; and (c) had the victim committed an indecent act by force on the part of the victim who went out of the main shop at the time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the sentence of Article 16(2) and (3) where the exercise of the tangible force [the person subject to special mitigation] mitigation area (one to one year] [the decision of sentence] [the decision of sentence] for four months of imprisonment, suspension of execution for one year (the details and method of criminal conduct, degree of indecent act, reflects the degree of such indecent act, and the fact that there is no record of criminal punishment other than one time of a fine for this paper crime] where this decision becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.