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(영문) 창원지방법원 2018.04.19 2017고단4336
강제추행등
Text

A defendant shall be punished by imprisonment 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

1. On November 25, 2017, the Defendant: (a) discovered the victim E (the age of 30) in front of the first floor in the D Hospital’s main floor direction; and (b) caused her desire to engage in an indecent act on his/her hand; (c) discovered the victim E (the age of 30) around the D Hospital’s main floor direction; and (d) committed an indecent act by committing an indecent act on his/her hand.

2. On November 25, 2017, the Defendant attempted to commit an indecent act by force: (a) detection of the victim F (n, 47 years of age) committed at a hospital in front of the entrance of the emergency room of the pertinent DD hospital; (b) and (c) by debrising the victim’s body, the Defendant attempted to commit an indecent act by releasing the victim’s body from the victim’s body to a part of the victim’s body. However, the Defendant attempted to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The application of Acts and subordinate statutes to 112 reported case processing lists, report on internal investigation into the hearing of statements by victims after specifying the personal information of victims, and report on investigation (limited to the attachment of photographs by cutting off CCTV images and visual images of the D hospital);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Articles 300 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. Where a conviction on the criminal facts stated in the judgment against a defendant who is obligated to register new information and to submit such information under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete order (the first offender, the defendant is suffering from early illness, and the completion of general sexual violence treatment program is considerably difficult) becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with 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 his/her domicile pursuant to Article 43(1) of the same

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applied to crimes subject to disclosure order or exemption from notification order, record of punishment, etc.

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