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(영문) 의정부지방법원 2013.07.18 2013고단1421
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 23:00 on January 3, 2013, the Defendant forced the victim to sit in the side of the victim’s “Dda” operated by the victim C (the age of 51), and forced the victim to sit in the side of the victim, brought the victim’s chest at once, continuing to salvating the Defendant’s indecent act, brought the victim’s chest into the back, and frighted the victim’s chest into the back, and frighted the victim’s chest into the clothes, and frighted the victim’s chest into the clothes, and frighted the victim’s chest into the breast, thereby committing an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to the complaint;

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 has repented his mistake in depth and that the defendant has no criminal record other than once a fine);

1. When a conviction on the instant crime subject to the obligation to submit personal information under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 16(2) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the Defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).

In light of the defendant's age, environment, circumstances leading to the crime, disclosure order or notification order, the extent and expected side effects of the defendant's disadvantage due to the defendant's entrance, the prevention effect of sexual crimes subject to registration, the protection effect of the victim, etc., the personal information shall not be disclosed.

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