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(영문) 인천지방법원 부천지원 2018.02.07 2017고단3078

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

B. On July 29, 2017, the Defendant: (a) 1* 1* 1* 1* 23 years old; (b) she drinked with D and locked who was locked in the ward at the same place; (c) she was locked in the victim’s room at around 06:00 on the same day; and (d) she was locked in the victim’s room at the same place; (b) she was locked with the victim’s clothes, and was locked in the victim’s clothes, and was able to resist, thereby committing an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes of conversation content;

1. Relevant Article 299 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a community service order or an order to attend a lecture and the conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before

- The degree of the indecent act in this case is not easy.

The victim, who was locked at his own room, was sexual humiliation, insult, and aversion, and was frighten of mental impulse.

- did not receive a letter from the injured party.

- However, the mistake has been recognized, and it is against it.

- It appears to be contingent crimes.

- There is no criminal history prior to the instant transfer.

When a conviction on the crime of indecent act committed in the judgment of a sex offender subject to the registration of personal information becomes final and conclusive, the defendant 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 the head of the competent police office pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order is disadvantageous to the defendant.