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(영문) 창원지방법원 마산지원 2018.04.13 2018고단213
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 30, 2017, the Defendant was sentenced to a suspended sentence of one year for special bodily injury at the Daegu District Court sentenced to a suspended sentence of three years on November 28, 2017.

The Defendant, at around 03:00 on November 15, 2017, was under the influence of alcohol on the road in front of the main point of “C,” located in Changwon-si, Changwon-si, a member of the Changwon-si, who was in front of the said main point, committed an indecent act against the victim by forcing the victim by forcing the victim to see the victim’s her her brith on a so-called so-called “Ise as Ise Ise Ise Isn if Ise Ise Ise Ise Ise Is.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Previous convictions: Inquiries into criminal records, search of Supreme Court cases, and application of Acts and subordinate statutes reporting criminal records and results of confirmation;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Where a conviction against a defendant is finalized in regard to the crime of a sex crime subject to registration, which is subject to 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, the defendant 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 agency pursuant to Article 43 of the same

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved by an order to disclose information, disadvantage the Defendant’s entrance, etc.

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