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(영문) 창원지방법원 2018.08.24 2018고단1424
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

1. On May 20, 2018, in order to work at the bus stops in front of the bus stops located in Kimhae-si B on May 20, 2018, the Defendant forced the victim to commit an indecent act against the victim D (n, 20 years of age) waiting for buses, and forced the victim to commit an indecent act after the victim’s back, by exposing the victim’s personal hand, and exposing him/herself into the victim’s bridge, and by driving off the above part of the body.

2. The Defendant made a public performance, at the same place as, around 05:23 on the same day, a public performance obscenity reported that women, etc. are in a bus stop, and made a public performance obscenity by putting sexual organ into front and rear, and committing self-defense, etc., by taking the sexual organ out in the bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a black stuff image photograph, a black stuff image CD

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 245 of the Criminal Act (the point of obscenity and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. In full view of all the circumstances, such as the details of the instant crime, the relationship with the victim, the age, sex, occupation, environment, criminal record, and the risk of recidivism, the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order or notification order, the preventive effect of sexual crimes that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances where the disclosure of the Defendant’s personal information may not be disclosed.

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