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(영문) 의정부지방법원 고양지원 2018.04.24 2018고단404

준강제추행

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

At around 03:00 on September 9, 2017, the Defendant: (a) reported the victim D (22 years, south) who was under influence of alcohol and was divingd in the personal body of the second floor of Seocho-gu Seoul, Seoul, and (b) met with the victim’s buckbucks and spucks; and (c) made the victim’s sexual organ quickly.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. The instant indecent act on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend is very serious.

However, there is no record of confession of crimes and in depth, and there is no record of punishment for sexual crimes, and there is no record of criminal punishment for the last 25 years.

In addition to these circumstances, the defendant's age, sex, occupation, family relation, motive, circumstances, means, results, etc. shall be determined as ordered by taking into account the defendant's age, sex, occupation, family relation, motive, circumstances after the crime.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police office pursuant to

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, disclosure order or notification order of the instant crime, the degree of disadvantage the Defendant was put on, and the effect of preventing sexual crimes subject to registration that could be achieved therefrom, and protecting the victims thereof.