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(영문) 창원지방법원 2017.10.17 2017고단499

강제추행등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant: (a) reported that the Victim F (F, F, 39 years of age) is dancing in E-Tat Do at Jeju Island; (b) caused one hand to take the Victim’s grandchildren; and (c) committed an indecent act by coercioning the Victim with another hand, as the Defendant would bring the Victim into practice.

When the defendant was sealed by the above victim's refusal, he abused the victim's head on one occasion with his hand, and assaulted the victim's head back on one hand.

Summary of Evidence

Witness

F. C Application of the Police Statement F, C’s Statement F to the Legal Statement F

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Criminal Act (a point of violence);

2. Selection of penalty penalty:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The community service order under Article 62-2 of the Criminal Act;

6. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant on the Punishment, etc. of Sexual Crimes does not deny the fact that the Defendant committed an indecent act by force and does not compensate for injury and injury. However, the degree of prosecution and assault is not much severe, and the community service order and the lecture order are imposed as ordered and the execution of imprisonment is postponed, taking into account the place of the crime and the criminal history of the Defendant.

If a conviction on a crime of indecent act committed against a defendant who registered personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged 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.

In light of the details of a crime subject to an order for disclosure or exemption from notification, the history of punishment, etc., there are special circumstances that may not disclose personal information pursuant to 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.