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(영문) 창원지방법원 통영지원 2015.02.06 2014고단1004

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of the C company, which is the pipeline installation company, and the victim D (n, 19 years of age) is an employee who entered the above company on July 1, 2014.

At around 23:00 on July 16, 2014, the Defendant committed an indecent act by force against the victim in response to the victim's injury against the victim's will at the lower seat of the Defendant's vehicle parked on the road near the public playground located in Aju-dong at Aju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of voice file CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 to submit personal information to the head

However, when a judgment of suspension of sentence is rendered, the suspension of sentence shall not be invalidated and personal information shall not be submitted from two years after the date when the judgment becomes final and conclusive.

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant is judged to have any special circumstances that may not disclose personal information.