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(영문) 수원지방법원 안양지원 2020.05.15 2019고단2490
강제추행
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

Punishment of the crime

1. On September 14, 2019, the Defendant, at around 21:44:08, committed indecent act by compulsion, on September 14, 2019, by compulsion, the Defendant committed an indecent act by compulsion against the victim D (a son, 60 years of age) who was located in the territory of Ansan-si B before “C” located in Ansan-si, Mayang-si, Mayang-si, Mayang-si, in the presence of the victim D (a son, son, and 60 years of age) who was her knife

2. On September 14, 2019, the Defendant committed indecent act by indecent act: (a) around 21:44:40 on September 14, 2019; (b) around September 14, 2019, the Defendant committed indecent act by indecent act by indecent act in the presence of “F” located in Ansan-gu, Mayang-si E; and (c) the victim’s knife (name ins and ins and ins and ins and inss and ins and ins and ins

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. On-site photographs and CCTV closure photographs;

1. Application of Acts and subordinate statutes to a report on investigation (for unspecified victims of such crime),

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Notification Orders, Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (in this case, the completion of the registration, disclosure of personal information, and the sexual assault treatment program alone appears to have the effect of preventing recidivism by the Defendant. In the event that the notification order is issued to the Defendant, the infringement legal interests of the Defendant and their family members are significantly high compared to the public interest, such as the prevention of sex crimes that may be gained by the order, compared to the public interest (in the case of the disclosure order, the disclosure order is against the fact that the general public can know the information about the Defendant, regardless of his/her intention, shall be notified and received

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