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(영문) 창원지방법원 진주지원 2016.04.26 2016고단159

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2016, around 03:45, the Defendant: (a) 103:45, around Sacheon-si B, reported that the Defendant d (nick, 24 years of age) was boomed by the victim; (b) she was frighted by her flashing the body of the victim after her flashing, and then she was flad by her chest and her flash.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The punishment under Article 298 of the Criminal Act, and the punishment of imprisonment with prison labor for the crime;

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

1. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the kind, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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.