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(영문) 수원지방법원 2021.01.14 2020고단6474
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

around 01:00 on March 17, 2020, the Defendant committed an indecent act by force against the said victim on a total of five occasions, such as the list of crimes in attached Table No. 10:00, when the Defendant committed an indecent act by force on the part of the victim E (the remaining and the age of 22) who was in a sick room for locked, with the sexual organ of the victim E (the age of 22) who was in a sick room for locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of the Kakao Stockholm conversation, application of the law of record;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, 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 the accused is obligated to provide personal information to a competent agency

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant suffers, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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