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(영문) 창원지방법원 2016.11.24 2016고단3169
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 26, 2016, at around 18:40 on August 26, 2016, the Defendant committed an indecent act by putting the victim’s left chest, who was seated on the part of the victim E (at least 48 years of age) while drinking together with the victim E (at least 48 years of age) and dividing sexual dialogue.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] the mitigated area (one to one year] [the person who is specially mitigated] [the decision of sentence] imprisonment for six months, the suspension of execution one year (the details and methods of the crime, the degree of indecent act, the degree of the indecent act, the agreement, the agreement that there is no record of criminal punishment for the same kind of crime), the defendant becomes a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the police office having jurisdiction over the domicile pursuant to Article 43(1) of the same Act

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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