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(영문) 수원지방법원 성남지원 2021.02.05 2020고단3623
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 2, 2020, the Defendant, around 00:14, referred to the victim C (a name, son) who passed his seat in front of the Sungnam-gu Bel, Sungnam-gu, Sungnam-gu, Seoul, to the effect that it is too bad, knife, knife, knife,” and knife the victim’s hand with his left hand, and then, knife only once.

“In doing so, I spared the victim by drawing him/herself, and forced indecent acts, such as shouldering the shoulder and the upper part of the victim’s shoulder with his/her fingers.

Summary of Evidence

1. Application of Acts and subordinate statutes to a police statement report (in the event of a crime, CCTV-related internal investigation) to the defendant's legal statement C, and a criminal investigation report (in the event of a witness D telephone communications);

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 on the suspended execution;

1. If a conviction on the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) main sentence and Article 16(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56(1) main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act 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 competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of sex offenses subject to registration that may be achieved therefrom, and effects of the protection of victims, etc., the disclosure and notification of personal information may not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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