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(영문) 수원지방법원 안산지원 2013.07.24 2013고단668
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 25, 2013, at around 23:10, the Defendant observed the victim E (here, 20 years of age) who walked along the way in front of the D well-being hall located in Ma, and brought about the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant forced the victim to commit an indecent act and made a patent obscenity act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 298 and 245 of the Criminal Act concerning criminal facts and the choice of imprisonment with prison labor;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake and the defendant has no criminal record other than once a fine); and

4. Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 16(2) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) where a conviction of the accused against the crime of sexual assault crimes subject to registration becomes final and conclusive, the accused is a person subject to registration of personal information under Article 32(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 3

In light of the defendant's age, environment, background leading to the crime, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to the defendant's entrance, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order is subject to special circumstances where the personal information may not be disclosed.

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