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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1341

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

The defendant was living in the victim B (n, 43 years old) and adjoining areas, and had committed a common sense of peace as a punishment and punishment.

On August 30, 2015, around 11:30 on August 30, 2015, the Defendant, at the victim’s house located in Sacheon City C, 00 dong 00, told the victim to have the victim commit an indecent act by coercion, and tried to kis the victim’s face with only one hand, and kis the victim’s kis, and kis the victim’s kis, and kis the victim’s kis. When the victim refused to do so, the Defendant forced the victim to commit an indecent act by force, such as putting the victim’s hand into the victim’s original kis, and kis the victim’s left am.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Investigation report (E telephone statement);

1. Application of the Acts and subordinate statutes to the copies of letters;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Where a conviction against the accused is finalized on the facts constituting the crime of sexual assault crime subject to registration, which is subject to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 the accused is obligated to submit his/her personal information to the head of the competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.