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(영문) 수원지방법원 성남지원 2015.04.10 2015고단341
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a period between the victim C (n, 21 years of age) and his/her knowledge while living in a old room.

On October 28, 2014, at around 22:30, the Defendant committed an indecent act against the female by forcing the female to drink with the victim while drinking alcohol together with the victim in a desired park located 370 - a 370-gil, Sungnam-si Park, Sungnam-si Park, which was located in a 30-gil (Shodong).

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as serious reflectiveness, the fact that the defendant is in a mental retardation Grade IV, and the fact that he does not have the previous case);

1. Where a conviction of the accused who has registered 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, becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obliged to submit personal information to the head of the competent police office

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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