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(영문) 의정부지방법원 고양지원 2016.01.22 2015고단2906
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 29, 2015, the Defendant: (a) reported on September 29, 2015, the Defendant: (b) provided drinking water to the victim by viewing that he/she takes out drinking water from the air conditioners adjacent to the victim D (V, 35 years of age) that he/she was run by his/her own in Ilsan-gu, Seo-gu, Busan, and that he/she would provide drinking water to the victim.

At the same time, the victim's fluorial part was sealed by one hand, and the other hand was 3 to 4 parts of the chest, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes to investigation reports (related to the analysis ofCCTV video recording);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Where a conviction against the defendant is finalized in regard to the criminal facts of a sex crime subject to registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not disclose personal information in full consideration of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The defendant of the reason for sentencing shall be punished by a fine for the same type of crime in 2012.

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