beta
(영문) 의정부지방법원 고양지원 2013.11.15 2013고단1733

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 04:00 on August 17, 2013, the Defendant found the victim D (at the age of 21) who sited in the event, discovered the victim D (at the age of 21) and the victim D (at the age of 21), and subsequently the victim D (at the age of 21) committed an indecent act by force against the victim, such as bringing the victim into the victim by hand and continuing to take the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of statutes on field CCTV photographs;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment (unagreement, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that reflects the fact that the defendant's mistake is recognized, there is no record of punishment for the same kind of crime, the age of the person, circumstances leading to the indecent act in this case

1. Where a judgment becomes final and conclusive to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so decided as per Disposition for the above reasons.