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(영문) 수원지방법원성남지원 2020.08.11 2020고단1638
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

At around 23:00 on January 30, 2020, the Defendant forced the victim to commit an indecent act in such a way that the victim D (the 35-year old) who was frighted in the direction of drinking when drinking and drinking alcohol on the side side of the party branch in Sungnam-si, Sungnam-si, was fright to report on the victim D (the 35-year old), who was fright to force by force. The above victim committed an indecent act by force on the part of the victim in such a way that the breadth of the left side of the bridge, which the victim passed on the side of the defendant, is widened toward the victim by extending to the right side of the victim, thereby interfering with the walking of the victim, and the body of the defendant facing the victim by facing the victim's chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs by cutting off CCTV images of the police statement of D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on a crime subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the defendant 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that may be achieved therefrom, protection of victims, etc., the disclosure and notification of personal information may not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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