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(영문) 의정부지방법원 2013.10.31 2013고단2950
강제추행
Text

A defendant shall be punished by imprisonment for not less than five 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 March 2013, the Defendant found the victim D(n, 30 years of age) at the residential end of the victim D(n, 30 years of age), who was aware of his adjoining to the ordinary part of the city, brought the victim into both arms. The Defendant committed an indecent act by force against the victim's face part, against the victim's face part.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed for DNA preparation;

1. Stenographic records;

1. Application of the Act and subordinate statutes on the recording of a victim (a statement recorded CD attachment);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant acknowledges his mistake and reflects his depth, and that the defendant does not have the same criminal record

1. When a conviction on the instant crime subject to the obligation to submit personal information under 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); the Defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).

In light of the Defendant’s age, environment, background leading up to the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention effect of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order and notification order shall not be issued on the grounds that there are special circumstances that the disclosure of personal information may not be disclosed.

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