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(영문) 수원지방법원 성남지원 2017.01.20 2016고단2933
강제추행
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 August 21, 2016, the Defendant 21:53 around 21, 2016, at around 21:53, the Defendant her walked on the front road of Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul (name, 25 years of age) to report the victim D (name, fix, 25 years of age) and her intention to commit an indecent act, and the Defendant her only passed by the victim, and her hand her hand her right macks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to report internal investigation ( CCTV images, etc. at the scene of crime);

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. The reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend [Scope of Recommendation] No person who does not have a basic area (6-2 years to 13 years or more) (limited to any person who has committed any indecent act in general) (limited to any person who has committed any special indecent act in general) (limited to any person who has been sentenced] [decision of sentencing] that is not agreed with the victim is unfavorable to the defendant, or the fact that the defendant is led to a confession and reflect against the defendant, the primary offender, the fact that he is a person with disabilities of Grade 1 in visual disability, the degree of his conduct is not relatively heavy.

Where this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with 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 head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose 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. Thus, the order for disclosure or notification of personal information is not issued.

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