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(영문) 수원지방법원 성남지원 2017.02.10 2016고단2874
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2016, the Defendant committed an indecent act on the part of the Defendant, i.e., the second floor victim D (Woo, 57 years old) of the 2nd floor of the Sung-nam-gu Building C, Sungwon-gu, Sungnam-gu, 2016.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of investigation report (abstinence, such as a copy of the relevant case transfer report);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [Scope of Recommendation] No (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes No. 13) exists (Article 13 or more) in the basic area (Article 1-2) (Article 1 of the Act on Special Cases concerning Indecent Conduct (Article 13 or more). [Decision on the sentence] No person subject to special sentencing] [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend]

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, 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, and is obligated to submit personal information to the competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the victim protection, etc.

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