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(영문) 창원지방법원 마산지원 2017.03.29 2016고단1380
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2016, around 00:34, the Defendant: (a) discovered and attempted to commit an indecent act against the victim by committing an indecent act by forcing the victim by committing an indecent act by forcing the victim, by making the victim’s mar in front of the E located in Changwon-si, Changwon-si, the members of Changwon-si, the Changwon-si, the two sub-gu, the members of the Changwon-si, the members of which are mixed at the Defendant’s frontline, with approximately 500 meters of eating and drinking at around 0:4 of the same day; and (b) on the street in front of the fact that the victim is in Changwon-si, the victim’s mar on his hand only one time after the other victim’s mar.

2. On October 29, 2016, the Defendant operated a H 130 car on the front of G Mart in the Changwon-si, Changwon-si, Seoul Special Metropolitan City F, in order to discover and commit an indecent act against the victim I (man, 26 years of age) and parked the said car on the street and followed by approximately 50 meters after the victim left the car. On the same day, at around 00:11 on the same day, the Defendant committed an indecent act by force by forcing the victim by putting the victim's hand into the fat of the victim, and by holding the victim's left chests several times with another hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the first offender, the admission of and reflects on mistakes);

1. Where a conviction against a defendant is finalized on the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant 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 the defendant is obligated to submit personal information to the relevant agency pursuant to Article 43

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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