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(영문) 수원지방법원 성남지원 2014.09.24 2014고단1478
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On April 25, 2014, at around 23:20, the Defendant found that the victim D (23 years of age) walked a bicycle in front of Gwangju City, and committed an indecent act against the victim’s will against the victim’s will by exposing out the net hand, which is mash with the victim, into the right side, by using the chest of the victim himself/herself into the right side of his/her left side and making it difficult.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of a photograph of closure and Acts and subordinate statutes on the reproduction of a photograph;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of the accused who has registered personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend, becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obliged to submit personal information to the head of the competent police office

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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