logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.06 2013고단4416
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

On September 17, 2013, the Defendant, at around 02:15, placed the right hand on the side of the victim E (the age of 56) who was locked in the above spandena, “Drata” water room located in Gyeonggi-do, B, and committed an indecent act by force against the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., that the defendant is against his/her will and that the victim does not want the punishment of the defendant);

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information to the head of a competent police office pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration, effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances that may not disclose or 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.

arrow