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(영문) 수원지방법원 안산지원 2015.11.27 2015고단3133
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant had the mind to commit an indecent act against women who passed the ductal paths;

1. Finding the victim C (at the age of 27 years) who was passed on the alleyway B in Ansan-gu, Masan-si on October 10, 2015, and subsequently commits an indecent act against the victim by using the victim’s own body in the rear side, around 07:10, and following them:

2. On the 12th day of the same month, around 07:05, the victim D (at the age of 24) was found and followed by the finding of the victim D (at the age of 24) who was passing through the place specified in paragraph (1), and subsequently, the victim was spared behind the victim, and the victim committed an indecent act against the victim by making a hand-off of his chest.

Accordingly, the defendant committed indecent acts by compulsion against the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has been punished twice a fine due to a sexual crime, and the victims have not yet been recovered from damage, although he/she has not yet been led to confessions and reflects by the defendant, and that there is no record of punishment exceeding the fine);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service, or orders to take lectures;

1. Where a conviction of a sex offender subject to registration becomes final and conclusive with respect to each of the crimes subject to registration and submission of personal information under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption 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 (which does not disclose and notify the personal information, taking into account family relations, the outlines, etc.), the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concern

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