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(영문) 수원지방법원 성남지원 2018.02.06 2017고단3167
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 September 4, 2017, the Defendant found the victim D (the name, the 20-year age) around 01:10, Hanam-si, “C” located in B, and committed an indecent act in a way that the victim was aware of the victim’s body with his/her two arms, thereby driving the victim’s right chest on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

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. An offense committed by a victim of reasons for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Course with the awareness that he/she is a female employee of an entertainment establishment, and the offense is not good.

However, considering the fact that the defendant has no record of punishment exceeding the same criminal record and fine, confession and reflect on the crime of this case, the degree of conduct is not much serious, the circumstances of Article 51 of the Criminal Act and the scope of the recommended punishment according to the sentencing guidelines, etc., the punishment as the order shall be determined.

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

The personal information shall not be disclosed in light of the following factors: the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant suffers, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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