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(영문) 인천지방법원 2013.10.30 2013고단5264
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2013, at around 22:30, the Defendant discovered the victim D (18 years of age) who waits for a bus in front of the “C convenience store” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and committed an indecent act by force by extending back his/her own hand and spreading his/her chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (not to be somewhat weak, but to be taken into account such cases as the beginning offender and his age);

1. Where a judgment becomes final and conclusive on this case to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 have the duty 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.

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