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(영문) 창원지방법원 통영지원 2014.12.30 2014고단398
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 16:20 on May 4, 2014, the Defendant discovered that the victim C (here, 26 years of age) walked around the 323-1 Cultural Marshall 1, 2014, and subsequently, found the victim C (here, 26 years of age) to go, and the victim was able to cut the victim’s neck on his own arms, and then kid the victim’s ki on the right side of the victim, and kid the victim by forcing the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the head of the competent police office in accordance with

In light of the defendant's age, occupation, criminal records, risk of recidivism, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and anticipated side effects of the defendant's personality rights infringed on and expected side effects of the defendant's personal rights, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, supplementary nature of the disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order on the ground that there are special circumstances that the disclosure of personal information may not be ordered.

In addition, taking into account the defendant's mental disorder, the order to complete program is not imposed because it is deemed that there are special circumstances not to impose order.

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