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(영문) 수원지방법원 성남지원 2020.02.18 2019고단2714
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on November 17, 2018 at the Sungnam Branch of the Suwon District Court on November 9, 2018, due to indecent act by compulsion, etc., and the said judgment became final and conclusive on November 17, 2018 and is currently under suspended sentence.

【Criminal Facts】

On April 2, 2019, at around 03:27, the Defendant committed an indecent act by force against the victim D (nives, 36 years of age) who satis in Sungnam-si B by singing in Cran tavern B.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police suspect interrogation protocol of E or D;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. When a conviction on a sex crime subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities 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

In light of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that may be achieved therefrom, protection effect of victims, etc., the personal information shall not be disclosed and notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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