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(영문) 수원지방법원 2015.10.22 2014고단5442
강제추행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 22, 2014, the Defendant, around 15, 2014, committed an indecent act by force against the victim B (the victim 20 years of age) approaching the park side of the Taeyoung-si apartment complex 22 o-ro 67, Taedong-si, Youngcheon-ro, Youngcheon-ro, 22 o-ro.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (CCTV final analysis);

1. Article 298 of the Criminal Act applicable to the crimes;

1. The Defendant is exempt from an order to attend a course or order to complete a program under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in light of the fact that he/she fails to use the Korean language as a foreigner, etc., and such order to attend a course or order to complete a program is not imposed

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 to the competent agency pursuant to

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 may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc. of the Defendant exempted from the disclosure order or notification order of personal information, it is determined that there are special circumstances that need not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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