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(영문) 수원지방법원 2020.01.30 2019고단7153

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 of the final judgment.

Reasons

Punishment of the crime

On October 5, 2019, around 01:20 on October 5, 2019, the Defendant visited C with B 3rd floor at Sinung-si, and discovered that there is no employee in the Kabter, and entered the rest room of employees in the Maba-si business establishment at the above Maba-si and was divingd by the victim D (Ga name, leisure, 19 years old). The Defendant committed an indecent act against the victim by strongly dividing the victim’s negative part of the victim’s hand who was suffering from the Defendant’s finger.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal report (CCTV image attachment);

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 becomes final and conclusive on the criminal facts stated in the judgment on the registration 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, disclosure notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the offense subject to registration, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, the Defendant is not subject to disclosure order, notification order and employment restriction order.

The reason for sentencing of this case is the place where 24 hours are operated, and the defendant is the defendant.