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(영문) 창원지방법원 2016.01.14 2015고단2947

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 is a foreigner of the nationality of business bestan.

On July 26, 2015, the Defendant reported urine in a male and female public toilet located in Changwon-si, Changwon-si around 14:05 on July 26, 2015, the Defendant found that the correction device in the Yong-gu, e (n, 18 years of age) was absent from the breakdown, and found that the correction device in the Yong-gu, e.g., the Defendant e and e., reported urines and ices, and tried to open a urrogate and set up the head of the victim's hand, but the victim tried to put the victim's body back, while avoiding the body behind the victim's hand, and forced the victim to put his hand into the victim's seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (investigation of the moving ship, including site photographs and suspects, etc.);

1. Application of Acts and subordinate statutes to report on investigation (Appearance of a victim and hearing of statements);

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. Where a judgment becomes final and conclusive by taking into account the following as a whole: Article 16(2) and Article 16(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the scope of recommended punishment) and Article 16(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] where the exercise of tangible power (one month to one year) in the mitigation area (the person subject to special mitigation] [the sentence] 6 months of imprisonment, two years of suspended execution (the process and method of the crime, the violation, the first offense, etc.) (the above sentence is determined) and the registration of personal information becomes final and conclusive, the defendant is 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 head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act

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 shall apply to crimes subject to disclosure order or exemption from notification order, the history of punishment, etc.