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(영문) 의정부지방법원 2018.02.21 2017고단2198
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 May 4, 2017, the Defendant: (a) had the victim D (V, 67 years of age) who is a substitute driver prior to the Changyang-si, Seoul, by means of a mutual influence in the Namyang-si, Seoul around May 19:35, 201, drive the Defendant on behalf of the Defendant in the direction of an influence in the direction of an influence vehicle; and (b) the Defendant was boarding

The Defendant, at around 20:00 on the same day, committed an indecent act against the victim by driving the said car by driving it on an expressway and driving it around the point where it falls into Chuncheon, making the victim’s “I am off, I am off, I am off. I am back to our country.” The Defendant committed an indecent act against the victim by driving the said car in a way that I am on the victim’s right chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 to a related agency pursuant

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 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, the effect of protecting the victims, etc., the special circumstances under which the disclosure of personal information may not be disclosed 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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