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(영문) 창원지방법원 진주지원 2015.10.06 2015고단736
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the victim B(n, 35 years of age) and the police officer of May 2015.

On June 21, 2015, the Defendant committed an indecent act on the part of the victim, such as drinking alcohol with the Defendant in Jinju-si, where the victim resides, and drinking alcohol together with the Defendant, and drinking bucks and suckbucks of the victim in a panty, and drinking bucks and bucks with panty.

Accordingly, the defendant committed indecent act against the victim by using the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. 112 Declarations on the settlement of reported cases, cd; and

1. Application of Acts and subordinate statutes to the chief commissioner (record No. 64 of investigation record);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to registration and submission of personal information in accordance with Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person 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 accused is obligated to submit his/her personal information to the head

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 that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victims, etc., the Defendant’s exemption order and notification order of personal information is determined as having special circumstances that need not disclose and notify 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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