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(영문) 인천지방법원 2013.11.27 2013고단6699
강제추행
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

On September 14, 2013, at around 04:42, the Defendant discovered that the victim C (the 23 years of age and female) entered into the apartment site in Bupyeong-gu Incheon apartment complex B, Bupyeong-gu, Incheon. While following the above victim, the victim was in front of his/her own house, the victim was able to have his/her own arms in front of his/her house, and the victim continued to have his/her own arms in front of his/her house, and the victim's left chest with one hand, and the other hand seems to have knife his/her sexual part of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the site and suspect photographs;

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

1. Article 62 (1) of the Criminal Act (including the first offender, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the accused is obligated to submit his/her personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration, effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances that may not disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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