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(영문) 창원지방법원 마산지원 2014.10.01 2014고단261

강제추행

Text

A defendant shall be punished by imprisonment for six 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 September 15, 2013, at around 01:15, the Defendant committed an indecent act against the victim’s will, by reporting the victim E (n, 16 years of age) while drunkly under the influence of alcohol, and by making the victim’s knife hand on one occasion, against the victim’s will.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Social service order under Article 62-2 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] No basic area (6-2 years) (6-2 years) of the Act on the Punishment, etc. of Sexual Crimes committed by Indecent Acts (subject to 13 years of age or older) [decision of sentence] [decision of sentence]: six months of imprisonment; two years of suspension of execution; community service work 120 hours; and forty hours of completion (including the absence of the same type of power; the circumstances of this case; the degree of indecent act; etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; thus, the defendant

In light of the content of a crime subject to exemption from disclosure or notification order, the history of punishment, and possibility of prevention by other measures, etc., the disclosure or notification order of personal information shall not be pronounced (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).