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(영문) 수원지방법원 성남지원 2021.01.15 2020고정975
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 4, 2020, the Defendant: (a) at a smoking room located in the drinking house B in Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City on April 4, 2020, the Defendant took the face of the victim D (one-time, 19 years of age) by using it as a hand floor. On the other hand, the Defendant was from the above smoking room, and the Defendant was able to talk with fluor and talk in the table.

“In doing so, the victim committed an indecent act, such as using the victim’s chest and her mare in the hands floor once every time.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime to be registered and submitted with a new personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including the degree and circumstances of indecent act in this case, the defendant's agreement with the victim that the injured person does not want to be punished against the defendant), the defendant is subject to registration of personal information under Article 59(1) of the Criminal Act (Article 43 of the same Act, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, since he/she is subject to registration of personal information under Article 42(1) of the same Act.

However, if a defendant is deemed to be acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspended sentence pursuant to Article 45-2 (1) of the same Act, he/she will be exempted from the obligation to submit personal information.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order of the defendant exempted from disclosure and notification order, the degree and expected side effects of the defendant's disadvantage due to the disclosure and notification order, the prevention of sex crimes subject to registration and the effects of protecting the victims, etc. shall be comprehensively taken.

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