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(영문) 창원지방법원 통영지원 2016.01.29 2015고단1075
강제추행
Text

A defendant shall be punished by imprisonment with prison labor 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

Punishment of the crime

On October 28, 2015, at around 09:50, the Defendant discovered the victim D (the age of 45) who was accumulated in the earth b in a soup room of C2 floor located in Tong Young-si B, and committed an indecent act on his own hand by force on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs analyzing field photographs and CCTV images;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 is obligated to submit personal information to relevant agencies pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing [Scope of Recommendation] General Standard - Where the exercise of the mitigated area (one month to one year) (special mitigation person) (special mitigation person) in the mitigated area (special mitigation person) is considerably weak (decision of sentence] - Unfavorable circumstances: the crime committed.

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