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(영문) 의정부지방법원 고양지원 2014.05.30 2014고단251
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 21, 2013, from around 06:51 to 08:00, the Defendant d (the age of 53) boarded the Defendant’s vehicle owned by the Defendant, and had the victim D (the age of 53) use the said vehicle as a hand during the course of driving the said vehicle on behalf of the Defendant during the period from the Gabba in Seocho-gu Seoul, Seocho-gu to the front end of the E apartment at the time of wave, the Defendant committed an indecent act by force against the victim, such as: (a) cutting down the Defendant’s sexual organ, leading the Defendant to the Defendant’s sexual organ, leading him to the Defendant’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the statement of the police officer D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where the conviction of the accused against the crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the accused 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 the accused is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

Sentencing criteria for sentencing: sex crimes, general standards, and general standards.

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