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(영문) 전주지방법원 2018.04.06 2018고합14

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 4, 2017, around 08:07, the Defendant committed an indecent act in his/her hands by making soup the sound of the Victim F (31 tax, n, n, etc.) who locked in E underground floor D located in Yasan-si, Yasan-si.

2. On October 1, 2017, the Defendant: (a) 07:20 on October 1, 2017, the Victim G (21 tax, female) who was divingd at the same location as that of the preceding paragraph was frightened by the Defendant: (b) Da Da 1, Da 1 and her hand in the clothes; and (c) her chest was frighted by the Defendant, thereby committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes to photographs of suspects and suspect vehicles taken in each E CCTV;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; and Article 50(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the Defendant’s environment, age, occupation, sex behavior, etc., the effect of preventing re-offending can be achieved only on the basis of the Defendant’s protection and observation against the Defendant, registration of personal information, and lectures

In light of the contents and circumstances of the instant crime, the expected profit and preventive effects from the disclosure or notification order, the degree of disadvantage to the Defendant and anticipated side effects, etc., there are special circumstances in which the personal information of the Defendant may not be disclosed or notified.

If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of personal information, the defendant 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.