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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1334
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 October 8, 2015, the Defendant committed an indecent act on the part of the victim by forcing the victim to commit an indecent act on the part of the victim, who was seated in the front seat, in C bus, in a manner that the victim’s DNA (if the victim was 49 years old) would be forced, in light of the victim’s own hand, and “the victim would not be fright to this bad, bad, fright to bit a bitch,” and “the victim would not be fright to bit a bit of a bitch,” with his arms written off to the victim, and committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. One CD in the internal history report (Submission of data on video recording ofCCTV), and one CD in the CCTV video recording data;

1. 112 Application of the 112 Reporting List, and the Acts and subordinate statutes governing suspect's boarding passes (a copy);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against the accused is finalized on the facts constituting the crime of sexual assault crime subject to registration, which is subject to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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, and the accused is obligated to submit his/her personal information to the head of the competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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