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(영문) 창원지방법원 2019.11.29 2019고단2411
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

Criminal facts

On July 28, 2019, around 22:05, the Defendant found the victim D (or 18 years of age) in front of the apartment Cdong in Kimhae-si, Kim Jong-si, and tried to commit an indecent act against the female, followed by the victim, and followed by the latter. The Defendant was hicking the victim by her hand, and her chest was her chest with the clothes above.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes in Chapter 1 to CCTV images-capes and CCTV images CDs;

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

1. If a conviction on a sex crime subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) 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 Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

Comprehensively taking account of the Defendant’s age, type of crime, process of crime, criminal records, social benefits expected by an order to disclose or notify the disclosure of his/her personal information, the effect of preventing sexual crimes, and the disadvantages and anticipated side effects of the Defendant, etc., the court may not issue an order to disclose or notify the Defendant’s personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

Reasons for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The sentencing criteria are set;

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