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(영문) 창원지방법원 진주지원 2018.10.16 2018고단914

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

At around 04:20 on May 27, 2018, the Defendant discovered the victim D(38 taxes) who was divingd at a soup room in Changwon-si, Changwon-si B, Changwon-si on May 27, 2018, and attempted to commit an indecent act against the victim at that place. The Defendant was able to put the victim into the victim’s panty ties and made up the victim’s sexual organ several times.

Accordingly, the Defendant committed an indecent act against the victim by making use of the victim’s potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to reports on internal investigation and investigation (explosion 32,35,38 of investigation records);

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - The reason for sentencing - Where this judgment becomes final and conclusive, a defendant who is registered with personal information that has no record of the same kind or suspension of execution or more constitutes a person 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 thus, is obligated to submit personal information to a competent agency pursuant to

When comprehensively considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime and crime, the degree and expected side effects of the defendant's disadvantage due to the notification order, the preventive effects of sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim, the defendant is subject to special cases on the punishment of sexual crimes.