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(영문) 수원지방법원 안산지원 2019.04.26 2019고합31
준강제추행
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

At around 05:30 on July 27, 2018, the Defendant, at the time of the soup, set aside “C” located in Ansan-si Group B, Ansan-si, a group under the direction of the victim D (20 years of age), and led to the occurrence of the victim by hand, and led the Defendant to several parts of the sexual flag of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. On-site CCTV and photographic data, and on-site CCTV CDs [In light of the evidence duly adopted and examined by the court, the Defendant’s assertion that there was no fact that the victim’s birth was put on the Defendant’s sexual organ on the part of the Defendant’s sexual organ is acceptable, since it can be acknowledged that the Defendant exceeded the victim’s appearance at the time of the instant case.”

1. Relevant Articles of the Criminal Act and Articles 299 and 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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment to submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent

Reasons for sentencing

1. The scope of punishment by law: Imprisonment; and

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