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(영문) 춘천지방법원 2014.07.08 2014고단88

강제추행

Text

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

On August 8, 2013, the Defendant: (a) around 01:30 on August 8, 2013, at D K K-sing practice room located in Chuncheon City, with the victim E (n, 43 years of age) and dance, and (b) the part of the victim’s mackt was her hand.

Accordingly, the defendant committed indecent acts against the victim E's will.

Summary of Evidence

1. Statement of the second trial date by the defendant;

1. Application of the police statement (victims) Acts and subordinate statutes to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for 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 (the scope of recommending punishment) is general standard (the subject of age 13 or older) and the scope of sentence comparison between the applicable sentences and the recommended sentences in cases where the degree of indecent act is weak: one month to one year (the decision of sentence): there is no specific criminal record on the above circumstances and the accused, and considering the fact that the accused wants to be suspended from execution rather than a fine. In cases where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information, 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 thus, is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance 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 protecting the victims, etc., the special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be prohibited.