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(영문) 창원지방법원 마산지원 2014.11.12 2014고단468
강제추행
Text

A defendant shall be punished by imprisonment for 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 April 14, 2014, around 11:59, the Defendant: (a) visited to call at the E-Stop shop located in Changwon-si, Changwon-si; (b) requested the victim F (the 32 years of age), who is an employee of the Defendant, to use music; (c) had the victim’s hand, etc. corresponding to the request; and (d) had the victim’s hand, etc., she committed an indecent act by force by force.

Summary of Evidence

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to the results of CCTV images verification in this Act;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

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

1. Where the conviction of a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant 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

In light of the content of a crime subject to exemption from disclosure and notification of personal information and the history of punishment, etc., it is determined that the disclosure and notification of personal information of a defendant constitutes a case where there are special circumstances that may not disclose the personal information of a defendant (Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; 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). The reason for sentencing [Scope of recommending punishment]: The basic area (six to two years] of the crime of indecent act by force (the subject of age 13): Imprisonment with prison labor: Six months; suspension of execution; two years; community service; thirty hours; 40 hours; (i) lack of reflectivity in light of the attitude of this court, such as the denial of the crime in this case; (ii) lack of agreement with the victim; and (iii) the degree of indecent act is relatively the same.

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