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(영문) 창원지방법원 통영지원 2016.06.17 2015고단1294
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, the Defendant committed an indecent act by force against the victim E (at 21 years of age) at the Dai-gun, Gosung-gun, Gosung-gun around 19, 2015, with the victim's shoulder and neck as he knows the victim's shoulder and neck, and with the victim's knife with the victim's knife with his own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. Each report on internal investigation:

1. Application of CDs and respective Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (a favorable circumstance between the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the crime of sexual assault 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 relevant agencies pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime of this case, 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, the effect of protecting the victims, etc., there are special circumstances under which the disclosure of personal information may not be 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing [Scope of Recommendation] General Criteria for the Crimes of Indecent Acts (subject to 13 years or more) and the basic area (6 months to 2 years or more) of the Act on the Punishment of Indecent Acts (subject to 13 years or more) [no person subject to special sentencing] - Unfavorable circumstances: the crime is committed.

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