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(영문) 창원지방법원 2017.02.09 2016고단3461
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 10, 2016, the Defendant: (a) discovered the Victim F (F) inside the first floor elevator of the building E in Kimhae-si, Kimhae-si, and attempted to commit an indecent act against the Victim; and (b) committed an indecent act against the Victim by forcing him to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

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. Article 16(2) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a lecture is issued [the scope of recommendations] There is no person [the person subject to special sentencing] in the basic area (six months to two years] of the crime of indecent conduct (the person subject to special indecent conduct in general) [the sentence] [the sentence shall be sentenced] for eight months of imprisonment, the suspension of execution of two years (the process and method of the crime, the degree of the criminal conduct, the degree of the criminal conduct, the first crime, and the first crime), and if this judgment becomes final and conclusive, the defendant shall be 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 defendant shall be obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

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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