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(영문) 수원지방법원 안산지원 2014.07.16 2014고단1028
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

Criminal facts

On April 29, 2014, around 00:22, the Defendant: (a) arrived at the bus stops in front of the latter bus stops of the E Elementary School located in D at Sinsi-si, Sinsi-si; (b) and (c) 100 meters away from the victim F (the age of 23); (d) followed the victim’s personal scam at the location of the scam, the Defendant forced the victim to commit an indecent act by force only once by her her k's k's k's k's k's k's k's k's k'

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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 (Consideration of sentencing)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend Probation;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, 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 (which does not disclose and notify personal information in consideration of family relation, personal situation, etc.) is a case in which a defendant with a intellectual disability committed indecent acts against a victim, and the defendant did not yet agree with the victim, and the defendant was in an unfavorable manner, such as there is a previous fault, etc., and the defendant was recognized to commit the crime of this case and reflects his mistake in depth, and the defendant has a penal power exceeding a fine, and the defendant has a favorable condition for the disabled, etc. and all of the sentencing conditions

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall be a person subject to 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 obligated to submit personal information to the head of the competent police

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