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(영문) 수원지방법원안산지원 2020.09.25 2020고단1001
강제추행
Text

A defendant shall be punished by imprisonment for six 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 March 16, 2019, the Defendant, as a university motive for the victim B (the age of 23) and around March 16, 2019, after drinking the victim first her drinking together with drinking at the opening of the mouth, she was fast to the victim, and she was moving the victim to a c hotel in light of light.

At around 03:30 on March 17, 2019, the Defendant, at the above “C hotel” D around 03:30, she ended with the victim as aground, she rhyms his/her fingers on the side side of the victim, and even though the victim refused to do so, he/she she was aground on the chest of the victim, and she committed an indecent act against the victim by inserting his/her fingers into the part of the victim.

Summary of Evidence

1. Application of the legal statement of the defendant (which was made on the third trial date) by the witness B of the court;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) 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 the competent agency

In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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