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(영문) 수원지방법원 성남지원 2020.01.07 2019고단2313

폭행등

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

1. On June 8, 2019, the Defendant: (a) committed indecent act by compulsion; (b) committed indecent act by compulsion against the victim C (a) who was waiting for the crosswalk signal in front of Sungnam-gu, Sungnam-gu; (c) was able to commit an indecent act against the victim C; and (d) was able to commit an indecent act against the victim’s chest on one occasion by driving the victim’s chest behind the victim’s hand.

2. The Defendant assaulted the victim by taking advantage of the victim’s face when and by hand when the victim was satisfyed at the time and at the same time and place as above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the Acts and subordinate statutes to the investigative report;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of 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 the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated

Meanwhile, when comprehensively considering the nature of the crime of indecent act by compulsion and the other crime of indecent act which causes the registration of personal information, the term of the registration of personal information in this case is deemed unnecessary to be more short-term than the term according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the term of the registration of personal information should not be shortened.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and exemption from disclosure order and notification order.