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(영문) 창원지방법원 2016.09.06 2016고단555
강제추행
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On July 4, 2015, at around 23:00, the Defendant, while drinking alcohol with the victim E (n, 26 years of age), the male-gu F, etc. of the victim, committed an indecent act by coercioning the victim by using the victim's left hand in front of the toilet located adjacent to the above restaurant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes on a petition;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] General Standard for the Punishment of Indecent Act (subject to the age of 13 or more) [Article 16(2) and (3)] There is no basic area (six to two years or more): [Determination of sentence] [basic matters: the course and method, etc. of the crime; the degree of indecent act; the degree and method, etc. of the crime; the degree of indecent act in unfavorable circumstances; the degree of indecent act in unfavorable circumstances; the denial of the crime; and the absence of the record of criminal punishment for the same kind of crime; if this judgment becomes final and conclusive, the defendant shall be subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1)

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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