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(영문) 수원지방법원 2017.08.24 2017고단4294
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a workplace company of the victim G (n, 23 years of age).

The Defendant, at around 18:00 on May 2, 2017, around 18:0, the “J” near the I, the victim and the employees of the company, drinking alcohol to K and drinking by the employees of the company, and he returned home to K, thereby drinking alcohol to the victim.

At around 21:30 on the same day, the victim was forced to move to the residence of the defendant in 407 L.S., together with TV, and the victim was forced to move to the left hand of the victim and made an indecent act by force by putting the victim's cryp with his own left hand during TV.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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 on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes, the main sentence of Article 16 (2), Article 16 (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

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