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(영문) 수원지방법원 안산지원 2012.07.06 2011고단3343
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 25, 2011, the Defendant: (a) around 02:30 on the street in front of the Dong-gu, Ansan-si; (b) on the head of D-si, the Defendant: (c) on the top of D-si, operated by the Defendant, carried the victim E (the age of 22) as a customer; and (d) on the top of F-gu, Ansan-si; and (c) on the top of F-gu, Ansan-si, Ansan-si; (b) on the part of the victim, the Defendant

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness E;

1. Each police statement of E;

1. A complaint;

1. A copy of a recording file, CD, and a transcript;

1. Application of the statutes governing the case-related photographs

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction becomes final and conclusive on the criminal facts of a sexual crime committed by an indecent act against the defendant who registered the personal information of Article 62-2 of the Social Service Order Criminal Act, the defendant is subject to registration of personal information under Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police

However, an order to disclose or notify the registered information needs to be careful in that it may seriously affect the rehabilitation of the defendant, and in this case, it is judged that there are special circumstances such as preventing the recidivism of the defendant only with the registration of personal information, and considering that the registration of personal information could not prevent sexual crimes, and thus, it is not necessary to issue an order to disclose or notify the registered information.

Defendant

Judgment on the Defense Counsel's argument

1. At the time and place indicated in the reasoning of the Defendant, when the victim, who is a passenger, was born to the taxi and actually arrived at the victim’s house, there is only a fact that the victim was knee in order to shoulder in a lock, and there is no indecent act by compulsion as indicated in the facts constituting a crime in the judgment.

2. We examine the judgment above.

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