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(영문) 수원지방법원 평택지원 2014.06.10 2014고단129
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:50 on January 13, 2014, the Defendant took a bath to the victim D (the age of 21) who was seated in the front seat of the Defendant, and she took up four times the victim's left hand, she rhumbbbbbs that the Defendant she was able to write down on the front seat of the female, and the Defendant's hand she was able to bring the Defendant's hand back to the Defendant's left part. The Defendant committed indecent act on the victim's body and face by forcing the Defendant's hand on the part of the Defendant's left part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes to a investigative report (CCTV recycling report);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Inasmuch as a judgment of conviction was rendered against a defendant who has registered his/her personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant shall be a person subject to the 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 personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

The reason for sentencing is not good for the crime of this case and the facts that are not agreed with the victim are disadvantageous to the defendant. However, the defendant is led to the confession of the crime.

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