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(영문) 창원지방법원 통영지원 2015.01.23 2014고단905
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 2014, the Defendant committed an indecent act against the victim C (the age of 45) by putting the victim’s hand on and attracting the victim’s hand, which is located in the Dongbu health clinic located in the Dongyang-ri, the middle 07:30 square meters, in order of May 2014, the Defendant: (a) “I am bad; (b) I am bad; (c) I am bad; and (d) I am bad if I am bad; and (d) I am bad.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty surcharge of KRW 4,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one day of the detention of a fine in a workhouse of 100,000 won);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In a case where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 59(1) of the Criminal Act (including circumstances favorable to the defendant among the grounds for sentencing) of the suspended sentence, 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, the defendant is obligated to submit personal information

However, when a judgment of suspension of sentence is rendered, the suspension of sentence shall not be invalidated and personal information shall not be submitted from two years after the date when the judgment becomes final and conclusive.

The defendant's age, occupation, criminal records, risk of recidivism, motive and process of the crime in this case, seriousness of the crime, disclosure order or notification order, the degree and anticipated side effects of the defendant's personality rights infringement and expected side effects of the defendant's personal rights infringement, the preventive effects of sexual crimes subject to registration, the effect of protecting the victims, and the supplement of disclosure order or notification order as the exercise of governmental power.

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