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(영문) 의정부지방법원 고양지원 2014.08.28 2014고합130
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 April 6, 2014, around 18:08, the Defendant committed an indecent act by force on the part of the victim, following the victim F (n, 38 years of age) discovered on the street, which was found to be the residence of the victim in Goyang-gu D, Goyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis);

1. Relevant Articles of the Criminal Act and Article 298 of the Selective Punishment Act;

2. Article 62 (1) of the Suspension of Execution Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing below).

3. The main sentence of Article 16 (2), (3) and (4) of the Act on Special Cases concerning Probation, Order to Provide Community Service and Order to Attend Sexual Crimes;

4. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant clearly has a social ties, such as being married in a normal marital life; the defendant has a three-year child (excluding one child aged six, four, one year, one year, one year old, and one adult) under his age; when issuing an disclosure order and notification order with respect to the defendant, the defendant's legal interest in infringement of the defendant and his family members is significantly high compared to the public interest, such as the prevention of sex crimes that may be gained therefrom; the defendant is closely against his/her wrong and will not repeat such wrong; in this case, the defendant's disclosure of personal information should not be determined in light of the circumstances such as the defendant's disclosure order and disclosure of personal information.

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