beta
(영문) 수원지방법원 2017.09.07 2017고단4861

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 2, 2017, around 01:40, the Defendant committed an indecent act, such as finding out the victim C (n, 25 years of age) who walked around the 104-dong entrance B in Suwon-si, Suwon-si, Suwon-si, and finds out the location thereof, and then leaving the victim behind the victim, inserting his hand in the way between the victim’s bridge and talking with his her son and his son and his son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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 conviction on the instant crime subject to submission of the order to observe protection and attend a community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes, the main sentence of Article 16(1), the main sentence of Article 16(2), and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to 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 thus

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the defendant is not ordered to disclose or notify the information.

Reasons for sentencing

1. Application of the sentencing criteria [Scope of the recommended punishment] General Criteria, and the crime of indecent act by force (subject to not less than 13 years of age).