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(영문) 대전지방법원 서산지원 2016.03.18 2015고단887
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 11, 2015, the Defendant worked for the victim E (V, 51 years of age) in Thai-gun, Thai-gun, Thai-gun on September 11, 2015 as an employee.

In F, the victim's chest was taken by the victim, and the victim was forced to commit an indecent act by force while the victim was math from the victim.

2. On September 15, 2015, the Defendant, at around 00:20 on September 15, 2015, committed an indecent act by force against the victim by using the victim’s chest hand while he was faced with a horse from the injured person at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on site photographs, CCTV photographs and CCTV photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

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

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment of the sexual assault offender subject to registration and submission of personal information under Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage 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 the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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

Sentencing.

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