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(영문) 전주지방법원 군산지원 2017.04.21 2016고단1356

강제추행

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

On June 11, 2016, around 23:55, the Defendant forced the victim E (the 29-year-old) who was waiting for a male-child with the entrance of the D main office located in Gangnam-gu Seoul Metropolitan Government, waiting to commit an indecent act against the victim E (the 29-year-old). The Defendant forced the victim to commit an indecent act by inserting his hand into the knife with the knife between the knife and having the knife three-time knife.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration into agreement with the victim);

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under 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 personal information to relevant agencies pursuant to Article 43 of the Act on Special Cases concerning the Punishment

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to notify the disclosure of personal information, thereby comprehensively taking into account the Defendant’s age, occupation, and risk of repeating a crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims, etc., there is “special circumstances in which the disclosure of personal information may not be disclosed” stipulated in 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

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing [the scope of the recommended sentence]