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(영문) 창원지방법원 진주지원 2016.06.14 2016고단199
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant forced indecent act committed an indecent act with the knowledge that he had resided in the victim D (Influence, age 28)’s house below that of the victim D (influence, age 28) apartment in Sacheon-si, and committed an indecent act by forcing the victim to commit an indecent act.

On October 26, 2015, at around 11:30 on October 26, 2015, the Defendant opened a entrance that was not locked at the victim’s house, and committed an indecent act by force against the victim by using the victim’s left chest with the victim’s own hand.

2. The Defendant, at the same time and place as set forth in Paragraph 1, committed an indecent act by the victim D at the same time and place as set forth above, followed the Defendant’s body by the victim’s hand with the victim’s hand, thereby keeping the Defendant’s body toward the front door.

”라고 말하자 손으로 피해자의 빰을 1회 때리고 피해자의 목을 조르고 주먹으로 피해자의 머리를 때리는 등 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the prosecution with regard to D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Articles 298 and 260 (1) of the Criminal Act relating to the facts constituting an offense;

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. In light of the Defendant’s age exemption from the disclosure order and notification order under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant’s type of the instant crime, motive, process, consequence, seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order and notification order, the preventive effect of the sexual crime subject to registration that may be achieved, and the effect of the protection of victims, etc., there are special circumstances in which the disclosure of personal information may not be announced.

Therefore, Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse.

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