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(영문) 창원지방법원 2013.10.01 2013고단2399
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 04:00 on August 15, 2013, the Defendant discovered the victim E (the age of 18) who was divingd in the Doro Doro, Kimhae-si, Kim Jong-si, and attempted to commit an indecent act against the victim, and committed indecent act by taking advantage of the victim's state of refusal to resist, with the intent of finding out the victim E (the age of 18) and committing an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (to attach a copy of the suspect examination protocol);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, 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 victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

The reasons for sentencing include the fact that the defendant is against the recognition of the crime, the fact that there is no particular criminal record while staying in Korea, and the motive and circumstance of the crime, and the age and occupation of the defendant.

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