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(영문) 수원지방법원 여주지원 2017.11.08 2017고단1133
강제추행
Text

A defendant shall be punished by imprisonment for four 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 June 8, 2017, the Defendant: (a) reported the Victim F (the 45 years of age) coming from the front side of the D Building in E and the shouldered from the front side of the building in Ischeon-si, E on June 8, 2017; and (b) led the Victim F (the 45 years of age) to extend the Victim’s own fault to one time, thereby committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of one record of the police statement related to G;

1. Application of the Acts and subordinate statutes governing CCTV specification photographs of CCTV cards by a person under his/her control;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against a defendant is finalized in regard to the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the Defendant may not disclose personal information pursuant to 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) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing [the scope of recommendations] the general standard for the crime of indecent act by force (the objects of 13 years or more) shall be the first type (the general indecent act by force).

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