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(영문) 수원지방법원 2014.09.04 2014고단3195
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant,

1. On June 7, 2014, around 06:25, the damage of the injured party B (n, 22 years old) in Suwon-si D 5th E Industrial Fire Services, Suwon-si, and brought about the Defendant’s sexual flag to the upper end;

2. On June 15, 2014, around 06:20, at soup and soup, the victim C (at the age of 23) suffered from the Defendant’s sexual flag by taking the hand of the locked victim C (at the age of 23) and committed an indecent act by force against the victim in a state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. B written statements;

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where the conviction of the accused against the criminal facts in the judgment that are subject to the registration of personal information under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is finalized, 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 a related agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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 the disclosure order or notification 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 the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

Sentencing.

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