beta
(영문) 수원지방법원 성남지원 2021.01.15 2020고단3402

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was a person who had been a son of art during the past period of the Victim B (name, leisure, 19 years of age).

On August 15, 2020, the Defendant was able to return to the Defendant after completing a meal with the victim at the “D Driving Institute” located in Sungnam-si, Sungnam-si on August 15, 2020.

“In doing so, the victim was able to be punished for one’s own arms, and the victim was able to keep the victim in his/her hands with his/her intention to commit an indecent act in such a way that he/she gets the victim into his/her hands and her own booms with the victim’s view, and commits an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (tentative name);

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 a conviction on a sex crime subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant 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 defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of the sex offense subject to registration that may be achieved therefrom, and effects of the protection of the victim, etc., there are special circumstances in which the disclosure and notification of personal information shall not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The decision is judged.

The defendant is exempted from the employment restriction order, his age, family environment and family environment.