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(영문) 의정부지방법원 고양지원 2013.11.29 2013고단1759
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

From September 28, 2013 to 01:40 on September 28, 2013, the Defendant committed an indecent act by force against the victim E (the 21 year old age), who was diving, in a soup room, at the first floor of “D S S S Syna” on the 1st floor of Il-gu, Yongsan-gu, Incheon Metropolitan City, Gyeonggi-gu, Seoul, by reporting the victim E (the 21 year old age), who was divingd, in a manner that makes it difficult for the Defendant to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting the crime, and the choice of imprisonment ( Consideration of the circumstances and degree of the indecent act in this case, the unagreement, etc.);

1. Article 62 (1) of the Criminal Act (All circumstances shown in the record, such as the fact that the defendant is led to confession, that there is no past record of punishment for the same offense, and that there is no previous record of punishment other than fines);

1. Where a judgment becomes final and conclusive to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be 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 and shall be obligated to submit personal information to the head

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so decided as per Disposition for the above reasons.

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