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(영문) 창원지방법원 2015.05.19 2015고단104
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

Criminal facts

On December 9, 2014, around 02:10 on December 9, 2014, the Defendant reported the victim E (n, 23 years of age) returning home on the front side of the “Dcafeteria” located in Kimhae-si C, and made an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the crime of indecent act (subject to the age of 13 or older) and the exercise of the tangible force (one to one year) in the mitigated area (special mitigation] [the decision on the sentence] [the decision on the sentence] four months of imprisonment, one year of suspended sentence (one year of suspended sentence (one-year, one year of initial crime, etc.)] where the decision on the registration of personal information becomes final and conclusive, the defendant becomes a person subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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