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(영문) 전주지방법원 2015.01.22 2014고단1796

강제추행

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

Criminal facts

On June 12, 2014, around 18:30 on June 12, 2014, the Defendant committed an indecent act by force against the victim entering the Damate to purchase goods from the stairs at the entrance of the Yansan-gu, Jeonju-si, with the intent of committing an indecent act by force. The Defendant flicked the victim’s left chest by his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation intelligence and investigation report;

1. Application of the Acts and subordinate statutes concerning each CCTV course photograph;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal conditions favorable to the defendant, such as the fact that the defendant has committed the crime in this case while led to the confession of the crime in this case, that the defendant was the primary offender, that the defendant was the primary offender, and that the victim wanted the wife of the defendant by mutual consent with the victim);

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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