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(영문) 창원지방법원 2015.04.23 2014고단3388
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 1, 2014, at around 21:35, the Defendant discovered the victim C (the age of 40) who had drinking alcohol and drinking alcohol at the main point in Kimhae-si B, and caused the victim's sexual desire to take a hand with the victim's right hyd, caused the victim's chest to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation] General Standard of the Punishment of Indecent Act (subject to the age of 13 or older) and Article 16(1) and (3) of the Act on Special Cases concerning the Registration of Personal Information becomes final and conclusive, where the judgment on the registration of personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged 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 shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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