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(영문) 춘천지방법원 2014.10.14 2014고단838
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

Punishment of the crime

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Imprisonment with Labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration all the circumstances shown in the proceedings of the instant case,

1. The sentencing period under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order is the first and second crimes [the scope of recommending punishment] under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In the event that the degree of indecent act is weak, the scope of final sentence due to the aggravation of multiple crimes (one to one year) and the extent of final sentence due to the aggravation of multiple crimes: In the event that the degree of indecent act is weak, the victim is also suffering from mental pain, such as retirement from the instant case, taking into account all the circumstances revealed in the oral proceedings of the instant case, such as the fact that the victim was also suffering from physical pain. If the judgment of this case becomes final and conclusive, the defendant is obligated to submit personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be 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.

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