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(영문) 창원지방법원 2017.11.21 2017고단2633
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2017, at around 00:20, the Defendant, while drinking alcohol at “E main store” operated by Kimhae-si, Kimhae-si C2 Victim D (Woo, 39 years of age), had the victim expressed a toilet, and had the victim followed to commit an indecent act by force.

At around 01:30 on the same day, the Defendant reported in a female toilet on the second floor of the above building, and “Isle and talk, and margs on the face.”

“In doing so, the victim’s fingers were pushed with the victim’s fingers, closed the door of the above female toilet, and applied for dancing with the victim’s own entrance, and attempted to talk with the victim’s knife by walking the knife with his knife with his knife with his knife with his knife with his knife, and forced the victim’s chest by inserting his knife into the victim’s knife with his knife into the part.

Summary of Evidence

Application of the Police Statement of Complaint Act to Defendant D’s legal statement

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

2. Article 62(1) of the Criminal Act suspended execution (The defendant recognized the crime, agreed with the victim at the police stage, and considered the first offender)

3. Where a conviction on the criminal facts stated in the judgment against the defendant who has registered his/her personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile under 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) 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 and notification of personal information shall be issued.

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