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(영문) 창원지방법원 마산지원 2017.05.10 2017고단281
강제추행
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

On January 28, 2017, the Defendant was hospitalized in Magpo-gu B in Changwon-si, Changwon-si around 14:00

C Hospital 203 No. 203, the nurse victim D (n, 27 years old) must go to the direction of the victim, and when explaining that it is necessary, the victim forced the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend [the scope of punishment according to the sentencing guidelines] - The basic area (6 months to 2 years) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - No person subject to special sentencing (the period of punishment shall be 6 months to 3 years) (the period of imprisonment), the background and degree of conduct of the crime, the degree of conduct of the crime, the fact that there is no person subject to special sentencing, the fact that there is no record of sexual crime, the fact that there is no record of the sex crime, the fact that the person is hospitalized in hospital due to tuberculosis and is not good, and the fact that the health of the defendant is not good, and if the conviction of the defendant against the crime subject to registration becomes finalized, the defendant is obligated to submit personal information to a related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the punishment of sexual crimes, etc. shall be taken into comprehensive consideration.

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