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(영문) 창원지방법원 마산지원 2017.09.13 2017고단733
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2017, at around 02:05, the Defendant committed an indecent act with the victim D(W, 22 years of age) in front of the windowping Magpo-gu, Changwon-si, Changwon-si B by discovering that the victim D (W, 22 years of age), along with his/her friendship, was able to look at the above window and commit an indecent act against the victim, while coming to the back to the back of the victim, with the left hand of the victim’s right mack on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on D and E [the defendant was physically and mentally deprived or physically weak at the time of committing a crime;

[I cannot see]

Application of Statutes

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Although Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea was unable to receive a letter or to compensate for damage on the grounds of sentencing, the execution of imprisonment with labor shall be suspended in consideration of the fact that the instant crime is recognized and reflects, the record of the crime, age, occupation, etc., but the community service order

Where a conviction against a defendant who has registered 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 is determined that there are special circumstances that may not disclose 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. Thus, the order for disclosure or notification of personal information is not issued.

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