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(영문) 수원지방법원성남지원 2020.08.18 2020고단1832
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on March 12, 2020, the Defendant discovered the victim D (name, south, and age 17) who locked the set on the floor of Gwangju City B “C” on the 3rd floor of Gwangju City, 2020, and was able to see the victim D (name, south, and age 17) on the floor, and was close down by the victim's side, cover the victim's lower half with other sets, and then the Defendant's hand covered the victim's lower half of the buckbucks, and buck up the victim's bucks.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to victims of the E, D, and F statements, on-site photographs investigation reports (on-site CCTV confirmation extractions) and on-site photographs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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, expected 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 determined that there are special circumstances that should not disclose and notify personal information pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the defendant is dismissed.

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