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(영문) 수원지방법원 2018.04.12 2017고단7727

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 3, 2017, the Defendant: (a) around 02:00 on October 3, 2017, around the first floor of the C building, the Defendant sought to catch the victim’s face, kid, and kid from the victim D (at the age of 24, 24) who was exposed to the victim’s hand; (b) the victim was seated, and kiddd from the victim, leading the victim to the victim, leading the victim to the latter; (c) the victim was on board the elevator before the first floor; (d) the victim was on the part of the elevator, and (e) the victim was fluord from the emergency exit adjacent to the elevator; and (e) the victim tried to wear the victim’s face, kid, and kid from the mouth; and (e) the victim was sat and kid from the victim’s chest.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to the investigation report (on-site CCTV investigations);

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 under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the conviction of the accused against the obligation to submit such information becomes final and conclusive, the accused 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 Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act. In light of the following: (a) the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime; (b) the degree and anticipated side effects of the Defendant’s disadvantage due to an disclosure order or notification order; (c) the preventive effect of a sexual crime subject to registration that may be achieved; and (d) the effect of protecting the victims thereof.