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(영문) 수원지방법원 평택지원 2019.09.26 2019고단586
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 December 6, 2018, the Defendant: (a) was located in Ansan-si B around 23:16 on December 6, 2018; (b) reported that the victim D (so, Ga, 24 years old) was well aware of the victim’s seat in order to raise a friendly E’s seat, and committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on CCTVs for crime prevention at the scene of occurrence;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Course is not an applicable crime in that it was impossible to obtain an application from the victim due to the reason for sentencing and to take measures to recover the damage.

However, the punishment shall be determined like the order in consideration of the favorable circumstances, such as the fact that there is no criminal history, the confession and reflect of the crime in this case, and the degree of indecent act was not hot.

If a conviction on a crime committed in the judgment to file for registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in 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 to the competent

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc.

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