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(영문) 수원지방법원 평택지원 2014.11.13 2014고단755
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2. The defendant shall be ordered to complete a sexual assault treatment program for 20 hours.

Reasons

Punishment of the crime

1. Around 02:40 on February 28, 2014, the Defendant committed the crime against the victim D, at the entrance of the “Fju store” located in Pyeongtaek-si E, and at the front of the victim D (the age of 29) who was working and fighting with the “Fju store” in the “Fju store,” the Defendant committed an indecent act by coercioning the Defendant’s hand by inserting the Defendant’s hand with the victim’s bucks between the victim’s buckbucks.

2. The Defendant committed the crime against the victim G with the victim’s fighting at the time and place described in paragraph (1), followed by the victim G (at 22 years of age) where the said fighting was carried out at the same time and place as indicated in paragraph (1), committed an indecent act by force by inserting the Defendant’s hand into the victim’s bucks with the victim’s bucks.

Summary of Evidence

1. The full or partial statement of witness D, G, H and I in each part;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In full view of 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 entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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