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(영문) 수원지방법원 성남지원 2019.05.24 2018고단2850

강제추행

Text

A defendant shall be punished by imprisonment 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 October 17, 2018, around 20:35, the Defendant forced the victim to commit an indecent act in a way that the victim D (a son, son, and 27 years old) was staying home after leaving the C pharmacy located in the Hanam-si B, Hanam-si, and followed by the victim D (a son, son, and 27 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under the main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, 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

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of the sex offense subject to registration, the effect of the protection of the victim, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of employment restriction order shall not be ordered to the Defendant pursuant to the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing does not seem to be very serious, and there is no penalty power exceeding the fine against the defendant, but the victim is now.