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(영문) 수원지방법원 안산지원 2020.06.17 2020고단547

강제추행

Text

A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (the name, the 43 years of age) are the personal relation that he/she became aware of through the bandd bandd bandd "Neber" around April 2019.

At around 02:30 on November 28, 2019, the Defendant found the victim who was suffering from divings for himself/herself, and committed an indecent act against the victim by drinking alcohol together with his/her sons, including the victim, at the guest room in Ansan-gu Mamo-gu, Ansan-si, Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police report on investigation into the protocol of statement B (where a document is accompanied by a finite photo);

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 becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. As such, 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), the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.