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(영문) 창원지방법원 마산지원 2014.07.09 2014고단375

준강제추행

Text

A defendant shall be punished by imprisonment for four 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 February 28, 2014, around 04:15, the Defendant committed an indecent act by using the victim’s mental condition by making soup, making soup, making soup, the victim E (the victim 54 years old) grow, and by using the victim’s panty ties, while making up the victim’s chest, who singly singly singly sing the victim, and continuously singly sing down and sing down, by inserting the female’s chest into a panty, and by inserting it into a panty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Scope of Recommendation) is the general standard of sentencing [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order] [Article 16(1) of the Act on Special Cases concerning the Registration of Personal Information and Disclosure of Personal Information and Where the conviction of the accused against the registration of personal information and the disclosure notification order becomes final and conclusive, the accused is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act, on the ground that the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (subject to the age of 13 or older).

However, in light of the content of the crime subject to registration, the history of punishment, and the possibility of prevention by other measures, etc., it shall not be sentenced to an order to disclose or notify personal information (Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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).