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(영문) 수원지방법원 평택지원 2019.07.25 2019고단509
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

On October 31, 2018, around 23:36, the Defendant: (a) discovered the victim D (a) at “C convenience store,” and (b) found the victim D; and (c) subsequently, committed an indecent act by force against the victim in a manner that the victim’s her son and her son met at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Even though there was a record of punishment for the same kind of crime for sentencing in Article 62-2 of the Criminal Act, the crime liability is not weak in that the crime was committed.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that there is no penalty beyond the fine, the confession, reflect, and not repeating the crime in this case, the fact that the crime in this case appears to be a contingent crime, the degree of indecent act was not heavy, and the victim does not have any punishment for the defendant, and the fact that the victim does not have any punishment for the defendant by mutual consent with the victim.

If a conviction on the crime of this case to be submitted becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of 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 of

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, comprehensively taking into account the following factors: (a) the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order; (b) the preventive effect of the sexual crime subject to registration to be achieved therefrom; and (c) the effect of protecting the victims

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