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(영문) 창원지방법원 진주지원 2015.07.23 2015고단384
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is divorced from her husband and resides in a married person, has been aware of the same village as her husband C (n, 73 years of age).

On February 11, 2015, at the victim's house located in Sacheon-si D around 09:03, the Defendant made a talk with the victim on the victim's house in Sacheon-si D, and took the victim's own mind, followed the victim's entrance alcohol, and committed an indecent act by force by inserting the victim's house into the victim's entrance.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (as to statement of the victim), investigation report (as to attach photographs to the site of the case), photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to registration and submission of personal information in accordance with Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit his/her personal information to the head

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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