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(영문) 수원지방법원 성남지원 2015.06.19 2015고단699
준강제추행
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 January 10, 2015, around 10:30 on January 10, 2015, the Defendant, who was divingd in the “C” male water surface located in Sungnam-si, Sungnam-si, by taking advantage of the victim D (the age of 22)’s spirit to force indecent act by force, and the Defendant, by hand, committed indecent act by force on the victim’s part and the part of the sexual flag above the victim’s right to resist.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation] General Standard of the Punishment of Indecent Act by Indecent Act (subject to the age of 13 or older) (Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 16(1) of the Act on Special Cases concerning the Registration, etc. of Personal Information, if the conviction of the defendant against the criminal facts indicated in the judgment becomes final and conclusive, the defendant becomes a person subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes).

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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