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(영문) 창원지방법원 통영지원 2015.05.01 2015고단72

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 2014, the Defendant committed an indecent act by force against the victim E (here, 49 years of age) by finding out the victim E (here, 49 years of age) who had been living together in the past at the Defendant’s residence located in Tong-si C (C apartment) around 2014, and committed an indecent act by force against the victim’s chest against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 and is obligated to submit personal information to a related

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The basic area (6 to 2 months) of the first type of the crime of indecent act by force (subject to the age of 13 or more) according to the sentencing guidelines;

2. Consideration - The above-mentioned mitigated circumstances: the same kind of crime.