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(영문) 서울북부지방법원 2014.04.23 2013고단2591

준강제추행

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 July 27, 2013, at around 07:35, the Defendant committed an indecent act by the victim E (here, 59) on the side of the victim, knowing that the victim E (here, 59 years old) was unable to resist due to diving and was unable to do so. However, as the victim’s chest, her chest, ship, and her kin were only in charge, the Defendant committed an indecent act on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Application of the Acts and subordinate statutes on CCTV shooting;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined in full view of all the circumstances, including the fact that the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment, and is not agreed with

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified 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.