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(영문) 수원지방법원 평택지원 2014.11.27 2014고단1497
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2014, at around 21:13, the Defendant discovered that the victim D (n, 43 years old) who was in a c party district located in Pyeongtaek-si B was coming out of the c party district where he had a c party district, and that the victim was forced to commit an indecent act by force, since the victim's her her mared with his her mared one time with his her mared.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV image photograph Acts and subordinate statutes;

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. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend, 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 repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure or notification of personal information shall not be given pursuant to the 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 punishment shall be determined as ordered in consideration of the fact that a confession of the reason for sentencing is divided while committing the crime, the degree of indecent act is not serious, and the age, character and conduct of the accused, circumstances after the crime, etc.

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