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(영문) 수원지방법원 여주지원 2021.03.12 2021고정5

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 30, 2020, the Defendant, at the bus stops located in Kimpo-si B on July 14:0, 2020, committed an indecent act by force against the victim by using the victim E (W, 19 years old), who walked in the direction of D, at the bus stops located in Kimpo-si B, in a manner that the victim’s right macks the victim’s right macks down to see the lower end by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol for military police officers to E;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, Article 298 of the Criminal Act concerning the selection of punishment, and a fine of 1,00,000 won to be suspended from imposing a fine;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (in cases where a judgment of conviction becomes final and conclusive on the facts constituting a crime in which the defendant is the primary offender, the victim does not want the punishment of the defendant, the age, reflectivity, health status, family relationship, etc. of the defendant), the defendant is 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if a defendant is deemed to be acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspended sentence pursuant to Article 45-2 (1) of the same Act, he/she will be exempted from the obligation to submit personal information.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, result of the instant crime, circumstances after the instant crime, the effect of the protection of the victim of a sexual crime expected by an order of disclosure, notification and employment restriction, and the disadvantages and anticipated side effects that the Defendant would incur, there are special circumstances in which disclosure and notification of the Defendant’s personal information should not be made or employment should not be restricted.

Since it is judged, the disclosure order, notification order, and the defendant.