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(영문) 창원지방법원 2014.08.19 2014고단1506
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, at around 06:0, the Defendant committed an indecent act against the victim in soup, making soup and making soup, using the gaps in which the victim D (the age of 49) is locked, and in which the victim D (the age of 49) was locked, knife the knick inside the victim's clothes and knife the knife the knife and knife the knife, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (verification of letters);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including the case where it appears that the accused is unable to be aware of the gravity of a crime in the criminal records of quasi-indecent act and the dismissal of prosecution, and the attitude of the accused in the process of agreement) of the Act on Special Cases concerning Probation, Order to Attend, community service, and the Punishment, etc. of Sexual Crimes, and where the conviction of the accused is finalized, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant 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 which may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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