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(영문) 창원지방법원 2018.01.09 2017고단3023
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, at around 14:50, the Defendant: (a) committed an indecent act by force against a victim E (hereinafter “victim”) in the counter of Changwon-si, the Defendant: (b) committed an indecent act by force against the victim by inserting his finger by inserting his finger in the brode of the victim’s brogate; (c) entering the bro, cutting the bro, cutting the bro on the bro, cutting the bro, cutting the bro, cutting the bro, cutting the bro on the bro, cutting the body of the victim; (d) preventing the victim from suffering by his hand; and (e) continuously suppressing the victim’s resistance after suppressing the victim’s finger.

Summary of Evidence

Witness

E Application of the Act on the Handling of Reported Cases Nos. 112 of the Police Statement Report No. 112 to the legal statement E

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. In light of Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the degree of indecent conduct on the grounds of sentencing is more serious, and in this court, it is necessary to strictly punish the defendant in light of the following: (a) the victim alleged that he/she was falsely reported; and (b) the victim’s assertion that he

However, in light of the fact that the Defendant was 19 years of age at the time of committing the crime, and that the instant case did not cause secondary damage to the same school student, etc., the Defendant is sentenced to a suspended sentence added to the community service order and the lecture attendance order instead of a sentence.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be 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 shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

Children and juveniles in light of the details of crimes subject to disclosure order or exemption from notification order, history of punishment, etc.

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