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(영문) 춘천지방법원 원주지원 2013.10.30 2013고단523
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2013, at around 18:40 on July 18, 2013, the Defendant: (a) reported the victims who guide the Defendant to VIP room at the Danoodong-gu Incheon Metropolitan City (Inn, 44 years of age)’s management; (b) caused the sudden desire of the Defendant; (c) completed guidance; and (d) committed an indecent act by force against the Defendant by using the victim’s left chest back to VIP room at his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the wrongness, the fact that the defendant agreed smoothly with the victim, and the fact that there is no particular criminal record in addition to the fine once);

1. Where the conviction of the accused is finalized on the criminal facts in the judgment that is subject to the registration 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 the accused is obligated to submit personal information to the head

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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