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(영문) 수원지방법원 2017.11.30 2017고단6185

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On August 5, 2017, the Defendant, around 02:00, performed alcoholic beverages with employees of the restaurant operated by the Defendant. The Defendant, on his own hand, she met the chests and bucks of the victim F (the 21 year old), who is an employee, and her hand included his/her hand in the part of the damaged person, committed indecent act by force against the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification to the department related to the report of 112 case;

1. The investigation report (as regards the inspection of the elevator ctV of the E building, with respect to the inspection of the elevator ctV), the elevator image;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to G message that the victimized person gives and receives with his/her relative or suspect after the occurrence of the case), and a copy of the G closure

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the registration of personal information and the conviction on the instant crime subject to the obligation to submit the instant report are confirmed, the Defendant becomes a person subject to the registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit such information pursuant to Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Crimes, and Article 16(2) and the main sentence of Article 16(3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and side effect that the Defendant may sustain due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.