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(영문) 수원지방법원 안산지원 2020.01.08 2019고단4301
준강제추행
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 10:40 on November 7, 2019, the Defendant boarded at the Yansan Terminal of Jeollabuk-do to Incheon International Airport. While the above bus was driven on the west coast Highway near the Seosan City, the Defendant moved to the left side of the seat where the other victim C (V, 30 years old) was seated, and the Defendant was seated on the part of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to tape-recordings and tape-recordings;

1. Relevant Articles 299 and 298 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, which is subject to the registration and submission of personal information under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. 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 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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