강제추행
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
피고인은 2016. 3. 31. 04:07 경 창원시 성산구 C에 있는 D 편의점에서, 손으로 피해자 E( 여, 19세, 가명) 의 엉덩이를 2회 치고, “ 뽀뽀해 보라, 영계 핥고 싶다 “라고 말을 하면서 손으로 피해자의 왼손을 잡아끌어 왼손 등에 입맞춤을 하였다.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to E;
1. Article 298 of the Criminal Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Where a judgment becomes final and conclusive on the grounds of the sentencing under Articles 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend (the scope of recommendations) and the grounds of the sentencing [the scope of recommendations] of Article 16(2) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where the exercise of tangible power (13 or more years from January to 1 year) in the special mitigation area (the person subject to special mitigation] is considerably weak, four months of imprisonment with prison labor [the sentence], one year of suspended sentence (the details and method of crimes, degree of conduct, reflects the degree of conduct, reflects the agreement with the victim, the fact that there is no record of criminal punishment for the same kind of crime), the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the head of the police office having jurisdiction over his/her domicile.
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order for disclosure or notification of personal information is not issued.