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(영문) 창원지방법원 마산지원 2015.02.04 2014고단670
강제추행
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

At around 19:00 on May 11, 2014, the Defendant: (a) committed an indecent act by force against the victim E (V, female, 46 years old) (hereinafter referred to as “E”) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

Summary of Evidence

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where the conviction of a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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

In light of the details of a crime subject to exemption from disclosure and notification of personal information, the history of punishment, etc., it is determined that the disclosure and notification of personal information of a defendant constitutes a case where there are special circumstances that may not disclose the personal information of a defendant. Thus, no order to disclose and notify such information shall be issued (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). The reason for sentencing [the scope of recommendations] general standards for the crime of indecent act by compulsion (the scope of punishment of a person who is not less than 13 years of age) and the mitigated area (one month and one year) [the case where a person subject to special mitigation] where the exercise of tangible power is considerably weak [the sentence] four months of imprisonment

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