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(영문) 인천지방법원 2013.11.27 2013고단6308
강제추행
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

On September 4, 2013, at around 23:50, the Defendant discovered the victim D (n, 39 years of age) coming from the toilet located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and found the victim D (n, 39 years of age) located in the bed toilets, and forced by hand to commit an indecent act against his/her own will by turning about the right side of his/her female.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crime and Article 298 of the Criminal Act, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated to submit his/her personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration, effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances that may not disclose or notify 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.

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