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(영문) 수원지방법원 성남지원 2018.11.23 2018고단2007

강제추행

Text

A defendant shall be punished by imprisonment for four 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 October 25, 2017, the Defendant: (a) followed the victim D (name, b, 30 years old) who walked “C” in Seongbuk-gu A, Sungnam-si, Sungnam-si; (b) and (c) followed by his hand, committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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 (The following favorable circumstances):

1. An unfavorable circumstance is that the defendant has a record of the same juvenile protection case for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend, and that it is difficult for the defendant to eliminate the risk of recidivism because he/she has an erroneous sexual awareness about

However, considering the fact that the defendant is the first offender, the confession of the crime of this case, and the attitude of reflecting it, the degree of conduct is not serious, the situation of Article 51 of the Criminal Act, the scope of recommended punishment according to the sentencing guidelines, etc., the punishment shall be determined like the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime of this case, disclosure order and employment restriction order, the degree and expected side effects of the defendant's disadvantage and expected side effects, prevention of the sex crime subject to registration, effect of the victim protection, possibility of preventing recidivism, etc., the personal information is disclosed or the employment restriction is placed in juvenile-related institutions, etc.