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(영문) 창원지방법원마산지원 2020.08.19 2020고단543
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant, around 07:00 on April 6, 2019, at the house of the Victim C (A) located in Changwon-si, Changwon-si, Masanpo-si B, and 61 years of age, considered the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the victim's her her her her her her her her her her her her, and committed an indecent act by force on the part of the victim's her her her her her her part

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The filing of a complaint, a camera, and a joint structure;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements with victims in currency and in currency)

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on the crime of this case in relation to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment,

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the protection of children and juveniles against sexual abuse.

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