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(영문) 창원지방법원 통영지원 2015.02.13 2014고단965

강제추행등

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

1. On October 02, 2014, the Defendant committed indecent act by compulsion: (a) around 01:10, the Defendant committed indecent act by compulsion on the part of the victim, who was under the influence of the victim from the victim E (n't women and 71 years of age) at a humbbs, with the victim’s hand, committed indecent act on the part of the victim by having the victim take a part in the victim’s hand to keep the Defendant’s sexual organ. However, the Defendant committed indecent act by inducing the victim’s hand into contact with the Defendant’s bucks.

2. The Defendant causing property damage, at the time, at the place, and at the time, at the place, as described in Paragraph 1, demanded a sexual relationship to the victim F, who is the owner of the business, by ordering the female employee to receive the female employee, which was rejected, and thus, the Defendant rejected it. The lower part of the window 203 joints of the victim, which is the victim’s possession, was cut off by hand, and damaged the fixed part of the above pressing, thereby damaging the unrepaird property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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.

The defendant's decision on whether to issue an order of disclosure or notification.