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(영문) 수원지방법원 성남지원 2016.11.18 2016고단2529

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

On August 7, 2016, at around 12:33, the Defendant discovered that the victim E (here, 29 years of age) emitted from female toilets near the entrance of the first floor of women's toilet located in the area of Sungnam-si, Sungnam-si, G, the Defendant committed an indecent act against the victim by force, by making the victim's chest by his own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to CCTV CDs or photographs;

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act by Indecent Act (amended by Presidential Decree No. 1350, Feb. 1, 201) is based on the basic field (6 to 2 years) of the crime of indecent act by force (subject to the age of 13) [decision on the sentence] that is not agreed with the victim (decision on the sentence] is unfavorable to the defendant, or not agreed with the victim, the defendant is led to confession and reflect against the defendant, the first offender is a person with mental disability of Grade 2, the degree of indecent act by force is not relatively heavy.

Where this judgment on the registration of personal information becomes final and conclusive, the accused shall be a person subject to the registration of personal information under 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 of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.