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(영문) 창원지방법원 통영지원 2015.04.17 2014고단970
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 July 20, 2014, around 03:55, the Defendant committed an indecent act against the victim by using the front side of the victim D (the 45-year-old age), who is a substitute driver, on the left hand, on the left hand while boarding a road in front of the Yannam Elementary School located in the Namcheon-gu, Busan Metropolitan City, Sincheon-gu, Busan, to the front side of the driver's vehicle. Even though the victim s/he she s/ she s/ she s/ she s/ she s/ she s/ s/ she s/ s/ she s/ s/ she she s/ s/ she

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 a related

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The range of recommendations according to the sentencing guidelines - the general standard of indecent act by compulsion is the mitigated area (one month to one year).

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