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(영문) 수원지방법원 2017.04.20 2016고단7261
준강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, at around 07:44, the Defendant committed an indecent act by drinking up the victim’s chest on the side of the victim E (the victim, 18 years of age, and Ga) who was diving and was able to resist at a soup room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of E;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant Article 299 of the Criminal Act, Articles 298 (1) and 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. When a judgment of conviction on the instant criminal facts subject to the duty to register and submit personal information under Article 62-2 of the Criminal Act, the main sentence of Article 16(2), Article 16(3) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is 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 relevant agencies pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the defendant is not ordered to disclose or notify the information.

The defendant with reasons for sentencing was sentenced to imprisonment for April, year of suspended execution, one year of probation, observation of protection, community service, and sexual assault treatment programs on July 2014, but again, the defendant was sentenced to completion of the sexual assault treatment program.

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