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(영문) 서울동부지방법원 2018.01.19 2017고단3557
강제추행
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2017, the Defendant: (a) around 20:25, on 14th, Gosan-gu, Seongdong-gu, Seoul, Masan, 12th, the 14th century, the Defendant forced her her son C (Ga name, her, her age 26) her son, who was walking in the direction of Sungdong-gu in the direction of Sungdong-gu Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend [Scope of Recommendation] is that the defendant 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 when the exercise of force (13 years or more) is considerably weak, (1 month or year to 1 year to 1 year to 1) in the area of special mitigation (a person subject to special mitigation] (in the case of a person subject to special mitigation], the degree of prosecution is weak [decision of sentence], and there is no criminal record exceeding the same kind and fine, and if a conviction of the crime of coercion committed by a sex crime subject to registration becomes final and conclusive, the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As such, an order to disclose or notify the defendant pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued.

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