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(영문) 창원지방법원 마산지원 2015.07.01 2015고단411
강제추행
Text

A defendant shall be punished by imprisonment 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

On April 8, 2015, at around 13:40, the Defendant committed an indecent act on the part of the victim C, who works at the 7th floor of the B Hospital located in Changwon-si, Changwon-si, Masan-si, with his left hand floor, committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C prepared by the police;

1. Application of the Acts and subordinate statutes attached to a investigation report (on-site CCTV images confirmation and attachment of photographs);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The grounds for sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommending punishment] general standards for the crime of indecent act by force (subject to the age of 13 or older) and the exercise of physical force (special mitigation) are considerably weak, where the degree of indecent act is weak [the decision of sentence] 4 months of imprisonment with prison labor, 2 years of suspended execution (the degree of indecent act in this case and the absence of the same power) and the duty to submit personal information is finalized, and where this decision becomes final and conclusive, 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 his personal information to the head of the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

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