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(영문) 수원지방법원성남지원 2020.11.13 2020고단1563
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

The defendant and the victim B (the family name, the age of 39) are the relationship between the parties who are admitted to "D" in "D, which is located in "S," Jung-gu, Seongbuk-gu, Sungnam-gu, and each other.

피고인은 2019. 12. 29. 01:30경 위 ‘D’에서 옆 테이블에 앉아 있던 피해자에게 다가가, 피해자에게 ‘내 스타일이다, 같이 나가자, 따먹고 싶다’라고 귓속말을 하며 피해자의 오른쪽 볼에 입을 1회 맞추었다.

On the other hand, the Defendant continued to listen to the victim’s words “I will am humbling. I will report”, and returned to the victim again after leaving the place of locking, and returned to the victim, “I will report”, and the victim’s chest was just humbling by dumbing two times by a sudden hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of each Act and subordinate statutes to report the investigation of the police statement B (alias) to the police officer;

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

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

1. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under the main sentence of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof.

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