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(영문) 춘천지방법원 영월지원 2014.11.28 2014고단388
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 August 28, 2014, around 15:25, the Defendant committed an indecent act by force against the victim E (n, 27 years of age) and the victim E (n, 27 years of age) who was fright in the opposite part while passing the ‘D' road in Thai City, Taecheon-si, and caused the desire of the victim to move on one occasion to the right chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [where this judgment becomes final and conclusive, the Defendant has a duty to submit personal information to an institution subject to registration pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse as stated in the record, in full view of the following: Defendant’s age, motive and background of the crime, the risk of recidivism, the risk of disclosure or notification order in this case, the benefits expected by the disclosure order or notification order in this case, and adverse effects and side effects therefrom, and thus, the Defendant is obligated to submit such personal information to the institution subject to registration pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. Application of the sentencing criteria (the scope of recommendations) general standards, and

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