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(영문) 춘천지방법원 2014.09.16 2014고단515
강제추행
Text

A defendant shall be punished by imprisonment for six 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B Acts and subordinate statutes to the statement statement (victims);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (including the following circumstances in light of the reasons for sentencing):

1. The grounds for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend (the scope of recommendations) [the scope of punishment] general standards for the crime of indecent act by force (the persons aged 13 or older) and the mitigated area (one to one month and one year): The extent of comparative punishment between the applicable sentences and the recommended sentences: one month or one year [the sentence] above, and the defendant has no other criminal power, other than fine due to drunk driving, considering the above circumstances and the fact that there is no other criminal power. In the event that a conviction of a sex crime subject to registration of personal information becomes final and conclusive, the defendant 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 thus the defendant is obligated to submit personal information to the head of a competent police agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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