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(영문) 수원지방법원 성남지원 2013.12.18 2013고단984

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2013, at around 15:00, the Defendant committed an indecent act by force against the victim by inserting his hand in the flaps of the victim C (n, 20 years of age) located in the 3 ambuck-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Each police statement of C or D;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crimes and Article 298 of the Criminal Act: Selection of imprisonment;

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

1. Since a judgment of conviction against a defendant who has registered personal information under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was rendered by indecent act by compulsion, if this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to the head of the police office having jurisdiction

However, in light of the details of the crime subject to registration, the history of punishment, etc., it is determined that the act constitutes a case where there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order to disclose and notify personal information