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(영문) 수원지방법원 안양지원 2013.12.30 2013고단1245
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around 16:10 on September 12, 2013, the Defendant: (a) sought delivery of Seodaemun-gu D Elementary School 1/Dong-dong 1/Dongyang-gu, Mayang-si; (b) found the victim E, who was an English language instructor at the above school, who was working in the English classroom, and demanded that the victim be able to come to know of the victim after entering the above classroom; and (c) requested that the victim be able to come to know of the fact; and (d) as the victim was unable to speak and respond, the Defendant completed delivery to the fifth and sixth class classes of the same fifth and sixth class on the same floor in order to deliver Seodaemun-gu.

After the completion of delivery, the defendant demanded that the victim in the English classroom be keyed to the victim who is located in the English classroom, but was rejected, the defendant followed the victim who was working on the computer and became aware of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Registration and the Punishment, etc. of Sexual Crimes (including the fact that the degree of indecent act is relatively minor and the victim does not want the punishment against the defendant) of the suspended sentence (Article 59(1) of the same Act provides that the defendant becomes a person subject to registration of personal information when his/her conviction is finalized

However, the court has suspended the sentence against the accused, and the accused is invalidated under Article 61(1) of the Criminal Act, pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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