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(영문) 수원지방법원 안양지원 2019.01.09 2018고단1439
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, around 08:30 on July 5, 2018, passed a subway station of one subway station located in Gyeyang-si in Ansan-si, Gyeonggi-do, on the side of the downside train of the Yanan-si, the Defendant got side of the victim B (a family name, leisure, 21 years old) who passed the Defendant’s left side of the victim B (a family name, her age 21 years old) one time on his/her own left side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the police officer protocol;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following: (a) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) of the Act on Special Cases Concerning the Protection, etc. of Children and Juveniles against Sexual Abuse; (d) Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (e) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have an effect to prevent recidivism even with the registration of personal information; and (e) other social benefits expected from disclosure orders, notification orders, and adverse effects on the Defendant’s disadvantage and anticipated side effects, where a judgment of conviction against the Defendant becomes final and conclusive, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of

Although the defendant was punished as a fine on one occasion due to quasi-indecent act before sentencing, he again commits the crime of this case.

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