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(영문) 수원지방법원 여주지원 2017.11.08 2017고단1176
강제추행
Text

A defendant shall be punished by imprisonment for 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

[criminal records] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to forced indecent acts committed by the military court of the Army, High Military, etc. on November 26, 2014.

[2] On April 15, 2017, at around 18:15, the Defendant committed an indecent act by force against the victim D (influence, 23 years of age) who was going up with the front stairs of the Defendant in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Defendant committed an indecent act on the part of the Defendant by forcing the victim to go up with the Defendant’s left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement made by the victim;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Where a conviction against a defendant is finalized in regard to the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the defendant is obligated to submit personal information to a related agency

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the Defendant may not disclose 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) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the defendant.

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