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(영문) 수원지방법원 안산지원 2015.07.08 2015고단1434
준강제추행
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 5, 2015, the Defendant: (a) around 15:00, at the residence of the Victim C (Y, 52 years of age) located in Singu B; (b) in mind, the Defendant, who is a tenant of the building owned by the Defendant, committed an indecent act against the victim under the influence of alcohol while drinking alcohol; (c) forced the victim’s clothes outside the body under the influence of alcohol, and led the victim’s chest and fluor with the victim’s fingers.

Accordingly, the defendant committed indecent acts against the victim, who is in a state of breathy.

Summary of Evidence

1. The defendant's partial statement in court (the defendant's assertion is groundless, in light of the victim C's statement to which the defendant consented as evidence and the confession statement to an investigative agency of the defendant, etc.)

1. Statement to C by the police;

1. Photographs of victims and on-site photographs;

1. 112 Application of Acts and subordinate statutes to the details of report;

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant denies the crime, but there is no previous charge to the defendant, the defendant

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a school

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in accordance with Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall disclose and notify the personal information, taking into account family relations, former circumstances, etc.), the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit such personal information to the head

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