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(영문) 대전지방법원 2014.02.19 2013고단2690
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 July 9, 2013, around 12:00, the Defendant: (a) brought the victim E (here, older than 21) who is going to the direction of a restaurant in Daejeon Jung-gu, Daejeon; (b) brought the hand into the cream, putting the knife while following the Defendant’s bath.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witnesses regarding E;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The punishment of indecent acts and the degree thereof, criminal records, reflectivity, etc.);

1. Where a conviction of the accused is finalized on the facts constituting the sex offense subject to registration in the judgment that is subject to the registration and submission 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

In full view of the Defendant’s age, character and conduct, criminal record, motive and background of indecent act, degree of indecent act, anticipated side effects and expected side effects of the Defendant’s disadvantage due to an order or notification order, prevention and effect of sex crimes subject to registration that may be achieved therefrom, protection effect of victims, etc. As such, it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the order or notification order shall not be issued to the Defendant.

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