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(영문) 수원지방법원 2019.02.18 2018고단6516
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four 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 October 7, 2018, the Defendant, around 06:30 on 06:0 on 06:30, at the residence of the Defendant, the victim D (here, 24 years old) who was under the influence of alcohol, was her panty, and her panty, was her part of the victim.

Accordingly, the defendant committed indecent act against the victim by using the state of impossible failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes concerning E-ray photographs divided by the suspect and victim;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Probation, orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3) and (4) of the Act on Special Cases

1. Where a conviction on the crime of this case to be registered and submitted with personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order and disclosure order shall be given to the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

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