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(영문) 창원지방법원 통영지원 2014.10.31 2014고단399
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 of the final judgment.

Reasons

Punishment of the crime

Around 00:05 on April 15, 2014, the Defendant accessed the victim E (the age of 17) at the D parking lot located adjacent to Madon C, and led the victim to the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under the main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant constitutes 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 thus is obligated to submit personal information

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order.

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