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(영문) 수원지방법원 성남지원 2019.06.21 2019고단369
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

1. From around 00:00 to 01:00 on November 5, 2018, the injured Defendant: (a) completed a meeting on the street around the bus stops in Gangnam-gu Seoul Metropolitan Government (Chump) and carried out the arms of the victim D (name, sn, 45 years old); and (b) the victim called “Wania military system, kis, kis kis, a kis, a kis, a kis kis,” and said, “the thickness of the kis,” 112 reporting defects, the victim put the victim into a multiple spack of the victim, such as snow boom, which requires approximately two weeks of treatment.

2. The Defendant committed an indecent act by force by force, by driving on the victim’s chest with his own left hand, when the victim said that “the victim should not know about the test” at the above date, time and place, and by force, the victim committed an indecent act by force.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the body photographs of victims;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. When a conviction on a sex crime subject to registration under Article 16(2) main sentence and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, a defendant becomes 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 obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

On the other hand, the term of registration of personal information is shorter than that according to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taking into account the nature of the crime, severity of the crime, etc. in the judgment which causes the registration of personal information.

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