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(영문) 서울동부지방법원 2014.02.07 2013고단1792
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

Criminal facts

On May 26, 2013, at around 03:40, the Defendant discovered the victim C (here, 25 years of age) who was locked with her husband at the 1st floor B in Yangyang-si, Namyang-si, and tried to commit an indecent act by committing an indecent act by taking advantage of the victim's malicious state of non-performance to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) appears to have received a considerable mental impulse, but considering the fact that a juvenile is led to a confession of a crime and a mistake, and that there is no criminal record or any criminal record of a suspended sentence or sexual crime, the degree of exercise of tangible power, marriage is going forward, and the social relationship is maintained, etc.);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu (wholly amended by Act No. 11556, Dec. 18, 2012)

1. Where a judgment becomes final and conclusive to submit personal information which is exempted from disclosure of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose personal information in consideration of the circumstances described in the grounds for suspension of execution), the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

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