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(영문) 수원지방법원 여주지원 2015.08.24 2015고단589
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2015, around 22:19, the Defendant: (a) seeed the victim D (man, 24 years of age) from the public toilets located in Singju City, and seeed the urine, and (b) stated the victim’s mind to commit an indecent act on the part of the victim, carried the victim’s name and brogate into the toilet, cut the victim’s chest and brogate into the toilet, cut the victim’s chest several times; and (c) opened the victim’s chest with the sound of play, she cut the victim’s finger, cut the victim’s chest, and kid the victim’s chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on site photographs;

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;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not disclose or 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 to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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