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(영문) 춘천지방법원 원주지원 2013.08.28 2013고단420
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 15:40 on July 4, 2013, the Defendant: (a) placed the victim E (M, 24 years old) standing in front of D Elementary School D, which was in front of C, brought the victim’s shoulder by drinking his hand, prevented him from resisting the victim’s shoulder by force; (b) put another hand into the victim’s bed in the bed of the victim’s bed; and (c) committed an indecent act by force against him.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the wrongness of the defendant, the fact that the defendant is disabled by the third degree with disabilities and under medical treatment, the fact that the victim deposits one million won for the victim, and the fact that the victim has no criminal record of the same kind);

1. Where the conviction of the accused is finalized on the criminal facts in the judgment that is subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the accused is obligated to submit personal information to the head

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified 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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