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(영문) 창원지방법원 2016.08.23 2016고단1866
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On May 13, 2016, at around 21:10, the Defendant committed an indecent act on the part of the victim’s left chest by forcing the victim to commit an indecent act against the victim D, who was up from the first floor to the second floor, from the stairs of the store building in Kimhae-si B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Where a judgment becomes final and conclusive on the grounds of the sentencing of Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the scope of recommended punishment) and the grounds for the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where the exercise of tangible power (one month to one year) in the special mitigation area (the person subject to special mitigation) is considerably weak, six months of imprisonment with prison labor [the sentence], one year of suspended sentence (the course and method of the crime, degree and degree of prosecution, reflects the agreement, and the fact that there is no record of criminal punishment other than once of the fine for this type of crime), the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order for disclosure or notification of personal information is not issued.

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