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(영문) 창원지방법원 2015.06.09 2015고단656

준강제추행

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

Criminal facts

On November 17, 2014, around 02:35, the Defendant discovered the victim D (the age of 22) who locked at a suping 4th floor of Sungwon-gu Sungwon-si Btel, Sungwon-si, Sungwon-si, and committed an indecent act by taking advantage of the victim's condition where he was unable to resist, by making it possible to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the crime of indecent act (subject to the age of 13 or older) and the exercise of the tangible force (one to one year) in the mitigated area (special mitigation] [the decision on the sentence] [the decision on the sentence] six months of imprisonment, one year of suspended sentence (one year of suspended sentence (one-year, one year of initial crime, etc.)] where the decision on the registration of personal information becomes final and conclusive, the defendant becomes a person subject to the 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 head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.