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(영문) 춘천지방법원 2014.11.18 2014고단724
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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. Court statement made by the defendant on the second trial date;

1. Application of the police statement law to D;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including agreement with victims and considering that there has been no

1. Reasons 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 (subject to the age of 13 or older) and the mitigated area (one to one year), [special mitigation] the scope of sentence comparison between the mitigated sentence and the recommended sentence: January or one year [the decision of sentence] above], taking into account the reasons for suspended sentence as seen earlier, the degree of the indecent act in this case, and all other circumstances revealed in the proceedings of the pleading in this case, the sentence is determined as ordered within the above recommended range. In the event the judgment of this case becomes final and conclusive, the defendant is 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, is obligated to submit personal information to the head of the competent police office

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 which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information 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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