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(영문) 창원지방법원 마산지원 2017.02.15 2016고단701
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

On May 19, 2016, the Defendant: (a) around 06:05, at the frontway of the Yongsan-si, Changwon-si, Changwon-si, the Defendant reported the victim D (Woo 23 years old); and (b) followed by the victim, the Defendant used the victim’s body by saying, “A person who causes brub as if he were to do so; (c) bruing the victim’s body by arms; (d) bruing the victim’s hand with the victim’s hand; and (e) led up to the front of the FF in the Changwon-si E, Changwon-si, the 300 meters away from 300 meters away from Changwon-si.

“In doing so, the two descendants forced the victim to talk with his arms and commit an indecent act.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police;

1. Application of Acts and subordinate statutes to investigation reports (to be attached withCCTV and field photographs, etc.);

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. Reasons for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (six months to two years] of the crime of indecent act by force (the person subject to 13 years or more) [the decision of sentence] [the decision of sentence] six months of imprisonment, suspension of execution, two years of suspension of execution, order to attend lecture for the treatment of sexual assault (the fact that one's mistake is recognized and against it, the fact that there is no same power, the fact that there is no ground for disqualification from suspension of execution, the fact that the person does not constitute a ground for disqualification from suspension of execution, and the same crime

The defendant is a person subject to 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 his/her personal information to the head of the competent agency pursuant to Article 43 of the same Act in cases where this judgment becomes final and conclusive.

The defendant suffers from the defendant's age, occupation, risk of repeating a crime, details and motive of the crime of this case, methods of the crime, seriousness of the crime, and an order to disclose or notify personal information.

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