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(영문) 수원지방법원 평택지원 2016.12.01 2016고단1571

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant: (a) under the influence of alcohol on April 18, 2016, sent to the D Emergency Hospital in Pyeongtaek-si C, and received treatment by being in a mobile bed; (b) the Defendant committed an indecent act against the victim, who is an assistant nurse working therefor, with his/her own knife and blurt of the victim E (V, 47 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E and F;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of the accused against the criminal facts in the judgment that are subject to registration and submission of personal information in consideration of the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the elderly and the degree of indecent conduct, there is no criminal record, the agreement with the victim, and family relations, 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 obliged to submit personal information to a related agency

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant exempted from the disclosure order or notification order of personal information, it shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, given that there are special circumstances in which