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(영문) 춘천지방법원 강릉지원 2018.02.27 2017고단1412

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 4, 2017, the Defendant discovered that he was playing on the second floor E in Gangnam-si D on August 4, 2017, the victim F (n, 12 years old), and the victim F (n, 12 years old) was playing on the side below the victim's bridge, while the Defendant was able to look back on the left hand with the victim's clothes. The Defendant committed an indecent act on the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. Application of CCTV CD-1 statute;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. When a conviction on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information under Articles 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in 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 of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reasons for sentencing are as follows, and the age, sex, environment, and age of the defendant.