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(영문) 창원지방법원 밀양지원 2016.01.14 2015고단311
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

around 22:00 on May 23, 2015, the Defendant: (a) committed an indecent act on the part of the victim E, who first deemed to be in a drunken state in front of the “D” singing toilets located in Busan Jung-gu C and 1st underground, with the appearance of being entering the toilet, in order to have the victim commit an indecent act by force; (b) the victim was able to talk with the victim’s chest and buckbucks by hand; and (c) even though the victim was bucked several times on his hand, the Defendant committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Statement by the defendant in court (two times);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Where a conviction becomes final and conclusive due to the instant crime, the Defendant is subject to registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against him/her, and is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to an order to disclose or notify the registered personal information, the effect that the defendant has no record of the same sexual crime.

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