(영문) 창원지방법원 통영지원 2015.02.17 2014고단896

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2015.02.17 2014고단896

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 1, 2014, around 23:30, the Defendant committed an indecent act by force against the victim by inserting his hand at the company accommodation located in C apartment 106 dong 502, the Defendant, at the company accommodation located in C apartment 106 dong 502, with the air exhausters of the victim D (Nam, 18 years of age) who was working in the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (one day of the detention of a fine in a workhouse of 100,000 won);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (including the fact that the defendant is the first offender, the reflects, and the victim

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information of KRW 1,000,000, which is subject to the suspended sentence, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head of the competent police office

However, when a judgment of suspension of sentence is rendered, the suspension of sentence shall not be invalidated and personal information shall not be submitted from two years after the date when the judgment becomes final and conclusive.

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which can be achieved due to such order, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the personal information shall not be disclosed.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

유사 판례

-창원지방법원 통영지원 2015.01.23 2014고단905

-창원지방법원 통영지원 2015.02.06 2014고단1004

-광주지방법원 2015.04.22 2015고단700

-창원지방법원 통영지원 2015.02.13 2014고단965

-창원지방법원 통영지원 2014.10.17 2014고단621