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(영문) 창원지방법원 2015.05.26 2014고단3105
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On October 12, 2014, at around 22:20, the Defendant made soup to 2nd floor in the building Kimhae-si, Kimhae-si, the Defendant: (a) reported the victim F (the age 21) pointing out stairs; and (b) forced the victim to use the victim’s sound from her chest to her chest.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the crime of indecent act by force (subject to the age of 13 or more) and the exercise of the tangible force [the sentence] mitigated area (one to one year or more] [the decision of sentence] [the decision of sentence] four months of imprisonment, one year of suspended execution (the fact that there is no same history, the fact that there is no same kind of power, the fact that money is deposited for the victim, etc.] where this decision becomes final and conclusive, the defendant becomes a person subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police office having jurisdiction over his/her domicile pursuant to

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.

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