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(영문) 수원지방법원 여주지원 2015.07.01 2015고단276
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2014, at around 18:10, the Defendant committed an indecent act by force against the victim, on the ground that the victim E (at the age of 71) was unable to escape F and wind at the D restaurant located in Ischeon-si C, and on the other hand, the Defendant committed an indecent act by force against the victim, such as: (a) holding the victim’s chest, arms and legs at several times; (b) holding the part of the victim’s chests and legs; and (c) intending to check the part of the clothes.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, on-site photographs, and victim photographs;

1. Application of the police statement law to G and E;

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 recidivism, motive, method of crime, 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 which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not be ordered to 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

The reason for sentencing [the range of recommendations] the general standard for the crime of indecent act by compulsion (subject to the age of 13) is the mitigated area (one month to one year) (special mitigation).

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