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(영문) 의정부지방법원 2013.07.18 2013고단1153
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

On February 26, 2013, at around 08:15, the Defendant committed an indecent act by force against the victim D (V, 23 years of age) who was aboard a bus in the vicinity of the bus stops located in Macheon-si C, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the suspension of execution, and considering the fact that the defendant is a disabled person of Grade III with intellectual disability);

1. When a judgment of conviction on the instant criminal facts subject to the obligation to submit personal information under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on Probation becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); thus, the Defendant is obligated to submit his/her personal information to the head of a competent police agency pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec.

In light of the Defendant’s age, environment, background leading up to a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order or notification order shall not be issued, given that there are special circumstances under which the disclosure of personal information may not be disclosed.

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