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(영문) 창원지방법원 마산지원 2018.11.30 2018고단939
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

피고인은 2018. 3. 18. 22:00 경 창원시 마산 회원구 B에 있는 식당에서 , 업주인 피해자 C( 여, 61세 )에게 부적을 써 주겠으니 메모지를 달라고 하여 피해 자로부터 메모지를 받으면서 피해자의 의사에 반하여 갑자기 양손으로 피해자의 가슴을 움켜쥐기에 피해자가 이를 뿌리쳤고, 재차 피해자에게 “ 부적을 써 주면 뭘 해 줄 꺼냐

The phrase “I,” and the word “I, I,” and read the victim as “I,” and the victim’s hand.

After one another, the victim's chest was delivered to the victim's own grandchildren.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea provides that the scope of the recommended punishment on the grounds of sentencing is six months or two years. Although the degree of indecent conduct by a defendant is not less than that of the defendant, the defendant's mistake and reflects the defendant, there is no criminal history of the same kind or serious crime, and the defendant's age, details and contents of the case, etc. are considered as a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if the conviction becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 43 of the same Act,

An order of disclosure or notification, the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure or notification, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the order of disclosure or notification, the effect of preventing sexual crimes subject to registration that can be achieved due to such order, and the victim.

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