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(영문) 수원지방법원 평택지원 2018.04.26 2018고단312

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 3, 2018, at around 01:43, the Defendant discovered out the victim E (name, fry, age 18) that she was divingd within the “Duping 18,” which is located on the seventh floor of Pyeongtaek-si building C, and attempted to commit an indecent act against the victim, and the Defendant was able to look at approximately 10 seconds on one hand on one hand at the left side of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The victim’s statement recorded CDs against E;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of 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. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

The scope of the recommended punishment based on the sentencing guidelines for sentencing is from one month to one year (the degree of sentencing).