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(영문) 수원지방법원 2019.07.11 2019고단2212
준강제추행
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

At around 02:03 on November 8, 2018, the Defendant was engaged in the proxy driving business, and around 02:03 on the “C” restaurant located in Suwon-si, Suwon-si, Suwon-si, with the victim D (tentative name, leisure, 35 years of age) laid on the top of the E QM6 car operation, and moved by proxy and drive by proxy the victim D, and around 02:27 on the same day, the Defendant was able to collect the damages up to panty through the victim’s sty by inserting the G located in F in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where the registration of personal information and the conviction of the accused against whom an employment restriction order is issued is finalized under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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