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(영문) 대전지방법원 2014.11.26 2013고단3797
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

The defendant is a company member.

At around 07:20 on September 7, 2013, the Defendant, at the time of making soup, set soup D located in the male and female joint water surface room located in Daejeon Sung-gu Daejeon, Daejeon, the Defendant was able to do so in a number of her traws of the victim E (20 years old, 20 years old) who was divingd in the right side.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by such order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protection of victims, etc. in light of comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, method and consequence of a crime, and seriousness of the crime, order to disclose or notify the personal information, it is determined that there are special circumstances that need not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to

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