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(영문) 창원지방법원 2017.09.21 2017고단1665
준강제추행
Text

A defendant shall be punished by imprisonment for four 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 May 12, 2017, at around 07:26, the Defendant discovered that the victim E (name, fry, 36 years old) was locked in the 6th floor Drup room of the building located in Seongbuk-gu, Changwon-si, Sungwon-si, and committed an indecent act against the victim by using the victim's resistance impossible condition.

Summary of Evidence

Application of the Police Statement Act to Defendant’s legal statement E

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act on the stay of execution (the suspended execution shall be sentenced in consideration of the fact that the defendant has no previous conviction or sexual crime, although he/she was unable to receive a letter of suspicion from the victim or to recover from damage);

3. Where a conviction against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated to submit personal information to the head of a 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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