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(영문) 창원지방법원 진주지원 2017.09.26 2017고단517
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant: (a) around 15:20 on May 31, 2017, at the home of the Victim D (Woo, 75 years old); (b) referred the victim as “any defect in a sexual relationship, one time,” (c) brought the victim into the victim to the latter, led the victim to both hands, and (d) committed an indecent act by force against the victim by inserting the hand into the part where the victim was suffering.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. Application of statutes on site photographs;

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

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

1. The reason for sentencing under Article 16(2), main sentence of Article 16(3), main sentence of Article 16(4), and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - In cases where this judgment becomes final and conclusive, a defendant who is led to confession of a crime, reflects himself/herself, or is subject to registration of personal information without any previous conviction pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protection of the victim, etc., the Defendant shall not disclose personal information pursuant to Articles 47(1) and 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.

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.

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