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(영문) 수원지방법원 성남지원 2014.05.07 2014고정363
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 16:00 on August 16, 2013, the Defendant, as a person with a mental retardation disability 3, and, at around 16:0 on August 16, 2013, as a person with a D media room in Sungnam-si, Sungnam-si, he Do, her seat together with the victim E (the age of 36). The Defendant, as a person with a mental retardation disability, she was forced by indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (i.e., a mentally handicapped person, the relationship between the defendant and the victim, the defendant reflects the crime in depth, the degree of indecent act, etc.) of the suspended sentence (i.e., the suspended sentence against the defendant who has registered personal information is suspended. The defendant is subject to personal information registration pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspended sentence becomes invalidated pursuant to Article 61(1) of the Criminal Act, and is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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