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(영문) 창원지방법원 마산지원 2015.02.11 2014고단1174

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 4, 2013, the Defendant, at the small room of the Defendant, D apartment 103 Dong 507, Changwon-si, Changwon-si, Masan-si, Masan-si, 103 Dong 507, the Defendant’s wife E, reported that the Victim F (V, 26 years old), who is the Defendant’s workplace E, was taking charge of the Defendant’s chest, was 2 to 3 times, and the Defendant was able to have the Defendant’s drinking, and committed an indecent act by force against the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. As long as an order to attend a course or order to complete a program is convicted of the accused who has committed a sex crime exempt from an order to attend a course or order to complete a program under Article 62 (1) of the Criminal Act, in principle, an order to attend a course or order to complete a program shall be issued concurrently. However, considering the status of the accused’s disability, health, and effectiveness of such order, there are special circumstances where it is impossible to impose on the accused any order to attend a course

Where a conviction of a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with 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 relevant agency pursuant

In light of the details of a crime subject to exemption from disclosure and registration of personal information, the history of punishment, etc., it is determined that the disclosure and notification of personal information of a defendant constitutes a case where there are special circumstances that may not disclose the personal information of the defendant (Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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). The reason for sentencing [the scope of