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(영문) 수원지방법원 2017.11.30 2017고단4298
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 2, 2017, 01:10, the Defendant discovered the victim E (tentative name) who walked in the phone call in front of the settlement of the D apartment unit in Yongsan-si, the Defendant committed an indecent act by force against the victim by putting the victim in front of the above apartment unit 253.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of E;

1. Application of the Acts and subordinate statutes on CCTV images CDs at the scene of a crime, and the photographic images at the scene of a crime committed by a suspect;

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

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

1. Where the registration of personal information and the conviction on the instant crime subject to the obligation to submit the instant report are confirmed, the Defendant becomes a person subject to the registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit such information pursuant to Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Crimes, and Article 16(2) and the main sentence of Article 16(3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated

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

Since it is judged, it is ordered to disclose to the accused.

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