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(영문) 창원지방법원 2016.01.12 2015고단2889
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 23, 2015, the Defendant: (a) in a park located in the Gambadong, Kim Jong-dong on September 23, 2015, and (b) in the state of alcohol, the Defendant was in the victim B (V, 17 years of age) who was in the state of alcohol and divided the kind of talk with the Defendant.

“A indecent act by coercioning the victim’s her son with the victim’s her butt will, thereby forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Where a judgment becomes final and conclusive on the grounds of the sentencing in Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the scope of recommended punishment) and the grounds for the sentencing in Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] where the exercise of tangible power (one month to one year) in the mitigation area (the person subject to special mitigation] [the sentence] [the sentence] for four months of imprisonment, one year of suspended sentence (the process and method of the prosecution, reflects against it, and the fact that the same kind of crime does not exist], the defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act has a duty to submit personal information.

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

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