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(영문) 수원지방법원 2017.10.19 2017고단4856
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant, within the D Bus operated in the direction of the luminous zone in the south of Gangnam, around 01:00 on May 19, 2017, she met up the victim E (nick, 19 years of age, 19 years of age) who was sitting back on the side, used the locked and the head of the victim, she was able to put her finger into the victim's hand and her chest into the victim's hand and her chest into the hands.

In the end, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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