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(영문) 수원지방법원 성남지원 2018.04.27 2018고단245
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

On October 14, 2017, the Defendant, at around 21:50, committed an indecent act on the part of the victim E (one person, half person, 35 years old) in his/her hand by cutting the bucks of the victim E (one person, half person, 35 years old) located on the road in order to get a taxi by suffering scambs around D convenience stores located in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. In light of Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the fact that the crime of this case is extremely poor in the nature of the crime after the crime, in light of the fact that there are many criminal convictions and violent crimes, and the attitude of the defendant after the crime, etc., are disadvantageous to the defendant.

However, in light of the fact that the defendant shows the attitude of recognizing the crime and taking a part of the defendant's judgment, there is no criminal conviction for the defendant, the degree of prosecution is relatively minor, the circumstances of Article 51 of the Criminal Act, the scope of recommended punishment according to sentencing guidelines, etc., the punishment shall be determined like the order.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the special circumstances where the disclosure of personal information may not be disclosed.

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