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(영문) 창원지방법원 통영지원 2015.11.20 2015고단761
강제추행
Text

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

1. On August 12, 2015, at around 20:55, the Defendant committed an indecent act by force against the victim C (the age of 37) on the street in front of the head office of the Dong-si Immigration Office, through the Tong-si, Dong-si, 2015, with his own daily behaviors, in order for the victim C (the age of 37) to be forced to commit an indecent act against the victim with his/her own misconduct and with the victim’s hand at the front of the Dong-si, Dong-si, Dong-si, Dong-si, 2015.

2. At around 21:00 on the same day, the Defendant committed an indecent act on the part of the victim by forcing the victim to have access to the victim’s name-free women and forced the victim to commit an indecent act by forcing him/her to commit an indecent act by using the victim’s name-free women and using the victim’s buckbucks as clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a judgment of conviction becomes final and conclusive on a sex crime subject to registration of personal information under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing), 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 the defendant is obligated to submit personal information to a related agency in accordance with Article

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 49(1) proviso and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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