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(영문) 창원지방법원 진주지원 2019.01.15 2018고단1320
강제추행
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

At around 01:10 on October 1, 2018, the Defendant heard the victim’s phrase “D” operated by the victim C (here, 47 years of age) in Jinju-si, and “D” from the victim, saying, “I am her seated, her frier, her frier, chewing sound, and her friened, I am inside the victim’s house,” but was refused by the victim. However, the Defendant tried to get the victim’s arms to her seat with his hand, and tried to turn the victim’s left chest by getting the victim’s arms to her seated.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation

1. Reasons for sentencing prescribed in Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Unfavorable circumstances: Disfavorable circumstances - Circumstances: A defendant who makes a confession of a crime, reflects himself/herself, or has no record of the same kind of crime 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 when this judgment becomes final and conclusive, and thus is obligated to submit personal information to the competent authority

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be comprehensively considered.

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