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(영문) 수원지방법원 평택지원 2018.12.13 2018고단838

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2017, the Defendant committed an indecent act against the victim by discovering the victim D (n, 50 years of age) who was gleeped in Pyeongtaek-si B at around 21:45 on December 23, 2017, and by forcing the victim to flickly kn's kn's kn's kn's kn's kn's kn's kn's kn

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Article 62-2(1) of the Criminal Act; Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that the scope of the recommended sentence based on the sentencing guidelines based on the sentencing guidelines is six months to two years (basic areas). Considering that the defendant is led to confession and that the degree of indecent act is not significantly serious.

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 relevant agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order or employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect of protecting the victim, etc., there are special circumstances in which the Defendant may not disclose personal information pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Therefore, the defendant is judged.