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(영문) 수원지방법원 2014.02.20 2013고단3551
강제추행
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

On May 21, 2013, at around 19:02, the Defendant: (a) reported the victim E in front of the “D” located in Suwon-si C, waiting for male-child implements; (b) caused the victim’s desire to commit indecent act by compulsion; (c) induced the victim’s knife from behind the victim’s hand to the knife with her hand; and (d) induced the victim by indecent act by compulsion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. If a conviction of 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 committed before an order to complete a program is finalized, 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 to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, 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 of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims of the sexual crime, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection

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