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(영문) 창원지방법원 밀양지원 2014.10.23 2014고단241
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2014, at around 09:10 on May 15, 2014, the Defendant: (a) prevented the victim E from resisting by using sparingly 31 years of age; and (b) forced the victim’s chest and fluence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed in the instant case becomes final and conclusive due to the instant crime, the Defendant becomes 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 is obligated to submit personal information to the head of the competent police office pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and anticipated side effects, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, and the fact that the Defendant has no criminal history, etc. as to whether to issue an order to disclose or notify the registered personal information, the court shall not issue an order to disclose or notify the personal information pursuant to 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, etc. of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection

The reason for sentencing is that the defendant is not against the law.

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