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(영문) 대전지방법원 천안지원 2015.04.28 2015고단167
강제추행
Text

A defendant shall be punished by imprisonment for six 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 00:20 on November 29, 2014, the Defendant: (a) committed an indecent act by force, such as: (b) the Defendant demanded the victim to be exempted from and play his clothes; (c) the Defendant forced the victim to be forced to refuse and play it; and (d) the Defendant committed an indecent act by force against the victim, such as the victim’s knife and shock, by inserting the left hand into the part of the victim; (d) the knife into the part of the victim; (e) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on site and victim photographs;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act (including the fact that an agreement has been reached with a victim)

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 head of a competent police

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances in which personal information shall not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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