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(영문) 창원지방법원 거창지원 2018.02.21 2017고단363

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2017, at around 15:15, the Defendant committed an indecent act by force against the victim D (at around 28 years of age) located in Gyeongnam Development Group C, the chest of the victim, who was on the side of the Defendant, was in charge of the victim, and was able to use the victim’s grandchildren, etc. on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (as to attachment of field photographs, as to submission of E dialogue content, as to the date and time of crime, as to personal F and telephone conversations) legislation shall apply;

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 stay of execution (i.e., the fact that the defendant acknowledges the crime, the extent of the victim's tangible power is relatively not much severe, and the defendant has no record of having been punished for the same crime or of having no record of being sentenced to a suspended sentence or heavier punishment before, taking into

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant has no history of having been punished for a sexual crime before, and (ii) the crime of this case alone has the tendency of

It is difficult to readily conclude that the defendant's personal information is registered, ③ the defendant's taking lectures to treat sexual assault is likely to have an effect to prevent recidivism of the defendant to a certain extent, and other circumstances revealed in the trial and records, including the defendant's age, sex, environment, etc., resulting in the defendant's disadvantage due to an order to disclose information.