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(영문) 수원지방법원성남지원 2020.11.27 2020고단2549
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 19, 2020, the Defendant committed an indecent act by force on the part of the victim, by extending to a part of the victim’s left chest part of the part of the part of the part of the victim, who is an employee, at C convenience store located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, 2020.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the statement of the defendant made in court (the third trial date) D to the police's statement;

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. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under the main sentence of Article 16(2) and (4) 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 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 can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 age of the defendant exempted from the employment restriction order, family environment and social relation, records of the crime, details and motive of the crime, methods and results of the crime, the risk of recidivism, the disadvantage of the defendant resulting from the employment restriction order and the preventive effect of the sex crime that can be achieved thereby, etc. shall be comprehensively considered.

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