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(영문) 수원지방법원 안산지원 2017.07.19 2017고단1175
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 05:00 on April 2, 2017, the Defendant, while doing camping in the 'D Campping site' in Ansan-si, Sinsan-si, the Defendant was aware that he was frighting by the victim E (Influence, 27 years of age) and three women, and was locked in the troke, and the Defendant was locked by opening the troke door door of the victim and inserting the arms, and thus, she committed an indecent act by force on the part of the victim, who was in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to the location of each victim and field pictures;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is led to confession and reflect, the fact that the defendant has no record of criminal punishment except for those subjected to a disposition not to institute an indictment against violence, and that the victim does not want the punishment against the defendant

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, family relation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the protection effect of the victim, etc., there are special circumstances in which the Defendant may not disclose personal information.

Therefore, it is determined.

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