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(영문) 의정부지방법원 2013.10.31 2013고단2959

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 6, 2013, around 08:45, the Defendant committed an indecent act against the victim in a state of failing to resist because he/she was seated, and discovered the victim F (25 years of age) in the E bus that passed near the D Station located in Namyang-si, Namyang-si, the Defendant was seated, and left behind it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense and Articles 299 and 298 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant recognized his mistake and is pening in depth, and that the victim does not want the punishment of the defendant

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 his/her personal information to the head of a competent police office pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s disadvantage and side effects, prevention effect of sex crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc. of the Defendant’s exemption order and disclosure order, it is determined that there are special circumstances that may not disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant is not ordered to disclose or notify the information