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(영문) 수원지방법원 안산지원 2020.04.22 2019고단4514
준강제추행
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

At around 04:00 on August 3, 2019, the Defendant took up 'C' 'C', which is located in Ansan-si Group B, and 'C', 'C', which is set up in Ansan-si, Asan-si, and 15 years old. The Defendant took up rup the bridge of the victim D (one another, the other, and the 15 years old) and met by hand two times.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. Application of respective Acts and subordinate statutes of E;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order shall be issued against the Defendant, given that there are special circumstances where personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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