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(영문) 창원지방법원 진주지원 2020.01.16 2019고단1270
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 22, 2019, around 04:30 on Jinju-si, the Defendant: (a) followed by the victim D (29 years of age) who was divingd in the “C” male spawn or the surface of the water located in Jinju-si B, and (b) went back to his left hand to 30 seconds of the victim’s sexual organ, and was as soon as possible the victim’s sexual organ.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend

1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

2. In full view of the records, such as the fact that the Defendant’s decision on the sentence imposed a heavy weight on the victim’s indecent act, the charge of suspension of indictment was imposed by making soup at the same time similar to the instant case around 2016, and the fact that the Defendant agreed with the victim after the conclusion of pleadings, the punishment shall be determined as ordered by taking into account the following factors:

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is 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 is obligated to submit personal information to the competent agency pursuant to Article

A defendant is subject to an order to disclose personal information, an order to disclose personal information, an order to exempt the defendant from employment restriction, his/her age, occupation, risk of recidivism, motive, method of committing the crime in this case, seriousness of the crime, disclosure order, notification order, and employment restriction order.

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