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(영문) 창원지방법원 마산지원 2017.04.12 2017고단126
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 30, 2016, the Defendant: (a) around 10:10, around 10, 2016, in the case of D Council members with D Council members with the 10:10 story, the Defendant had a mind to commit an indecent act against the victims E (the 34 years of age) working as nurses of the above hospital; and (b) when the victim saw “shall,” in order to put in the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the left hand,

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to make statements of witnesses of hospital-related persons and hear victim telephone statements);

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 suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of 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;

I think)

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the Defendant who is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing does not reach an agreement with the victim.

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