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(영문) 창원지방법원 통영지원 2014.04.25 2013고단1029
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 04:10 on August 27, 2013, the Defendant found that the victim E (the 33-year old age) of a guest, who was a guest, who was suffering from mast in the place of her body, returned to the place of her body in the Dmast area located in the city of Sast on August 27, 2013, tried to go back to the clothes of the victim, and she forced the victim to go her sexual organ close to her her her her her her her her sel, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (victim E phone statement);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under the main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant constitutes 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 thus is obligated to submit personal information

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 may be achieved therefrom, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order on the grounds that there are special circumstances that may not disclose personal information.

According to the sentencing guidelines, the defendant is the defendant.

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