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(영문) 창원지방법원 2016.07.12 2015고단3477

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The Defendant, from July 10, 2007 to August 23, 2015, was a person who worked as a managing director at “E” located in “E,” located in “E, Chang-si, Chang-si, Chang-si, and the victim F (V, 46 years old) was a person who worked as an instructor at “E”.

On May 2015, the Defendant discovered that the victim who finished cleaning at the three pages located in the 1st floor mechanical room of the above “E” was able to see his hand and her hand, and committed an indecent act by force against the victim only when her knift seems to have knife at the victim’s rear hand.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Each police statement made to F, G, and H;

1. Application of each statute on filing of a complaint;

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. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. The reason for sentencing under Article 62-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] where the exercise of tangible force (13 years or more) in the mitigation area (13 years or more) (1 month or year) is considerably weak] [the decision of sentence] six months of imprisonment, two years of suspended execution (2 years of suspended execution (20 years or more), two years of indecent act inside the workplace (2 years of suspended sentence as above), and the initial crime is determined by comprehensively taking into account the following factors: (a) the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) the defendant is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

Personal information shall be 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 in light of the details of crimes subject to an order for disclosure or exemption from notification, the history of punishment, etc.