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(영문) 창원지방법원 통영지원 2017.11.24 2017고단236

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On September 2, 2016, at around 00:05, the Defendant committed an indecent act by force against the victim by putting on his hand his her knife, knife, knife, knife, knife the left side of the victim E (n, 26 years of age, knife) of nursing victim E (n, knife, knife, knife) who was moving from the emergency room of D Hospital No. C on the first floor of C at

Summary of Evidence

1. The defendant's partial statement (the statement to the effect that it is the fact that he/she was receiving medical treatment by boarding and leaving an emergency hospital of 119 emergency vehicles at the D hospital as stated in the date and time when he/she loses the mind after drinking alcohol);

1. Legal statement of E;

1. Investigation report (limited to the attachment of CCTV images across the routes other than the D Hospital) by Acts and subordinate statutes;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism even to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who registered personal information becomes final and conclusive, the Defendant is personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.