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(영문) 인천지방법원 2014.10.29 2014고단5477

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 11, 2014, at around 21:00, the Defendant discovered the victim F (n, 20 years of age) who was f (n, 20 years of age) that was fat at the front line of the D apartment E task in Nam-gu, Incheon, Nam-gu, Incheon, and knife the chest of the victim himself once.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On April 11, 2014, at around 21:10, the Defendant discovered the victim G (in female, 36 years of age) from the front path of the bicycle parking lot of 213, Nam-gu, Incheon, Nam-gu, Incheon, and found the victim, and followed the victim, laid the victim away from the back, and laid the chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to the obligation to submit personal information under Article 16 (2) 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 a related agency

In full view of the Defendant’s age, occupation, risk of recidivism, 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 Defendant’s disadvantage and expected side effects, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall be determined that there are special circumstances under which 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 and Juveniles against Sexual Abuse.