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(영문) 창원지방법원 통영지원 2017.04.25 2017고단107
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:40 on December 20, 2016, the Defendant: (a) opened a singing room in D’s “D’,” which is located in C, with the victim E (name, 48 years of age) and the Defendant, who are seated in a sofa, and sing and singing in the singing room; (b) discovered the victim’s immediately adjacent to the Defendant, the Defendant had the mind that he would compel the victim to commit an indecent act; (c) put the floor of the Afash hand into the buckbbbbbbbs of the victimized; and (d) found the victim’s her am and her part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in the F and E;

1. Investigation report (to be made on CCTV images inside a DNA singing machine);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant is an initial offender with no criminal history; the Defendant is a primary offender with no criminal history; the registration of personal information; and taking lectures in treatment of sexual assault can expect the effect of preventing recidivism by the Defendant;

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria (the scope of the recommended punishment] and the general criteria for sex crimes (subject to persons aged 13 or older) and the mitigation area (one month to one year).

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