logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.17 2016고합19
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2016, at around 04:04, the Defendant committed soup drying, which was located in Osan City C, with the chest of the victim E (the age of 38) who was locked and was in an impossible condition to resist, as he rhyd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Where a conviction of a criminal of sexual assault who is subject to the registration of personal information of this case under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether a case constitutes “a case to be determined” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012).

arrow