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(영문) 수원지방법원 성남지원 2018.03.09 2017고단3154
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant discovered the victim E (one-nine years of age) who walked a path before D located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul on August 22:20, 2017, and Da Da Da Da Da Da Da.

An honorary is a good.

"A indecent act was committed by force against the victim, such as inducing the victim to frighten with a breath, and inducing the victim's chest with a hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning crime CCTV closures;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant does not have the same criminal record as the Defendant for the reason of sentencing, the confession of the instant crime and the attitude of reflecting the degree of conduct, the degree of conduct is not much severe, and the victim expressed his/her intention not to punish by mutual consent with the victim, the situation under Article 51 of the Criminal Act, the scope of recommended punishment in the sentencing guidelines, etc. shall be determined as per the disposition.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

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