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(영문) 의정부지방법원 2018.06.22 2018고단764

준강제추행

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2017, around 02:10 on December 14, 2017, the Defendant: (a) reported that the Defendant was in a state of being recovered from a so set of soup in the waters room in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) exceeded the victim’s brying, and was forced to enter the victim, and was as soon as possible.

Accordingly, the defendant committed indecent acts by taking advantage of human resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The range of applicable sentences under Acts: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [the types of decisions] sex crimes, general standards, crimes of indecent acts by force (subject to at least 13 years of age), and general indecent acts by force (subject to one type] [the scope of recommended punishment] 6 months to 2 years (basic areas).

3. Determination of sentence: A person shall be sentenced to imprisonment in consideration of eight months of suspension of execution, two years of suspension of execution, absence of agreement with the victim and the fact that the defendant has a criminal record of the same kind;

Provided, That the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is led to confession, the fact that the defendant does not have any criminal record exceeding the fine, and other conditions of sentencing as shown in the pleadings, such as the age, sex, and environment

In principle, an order to attend a course or order to complete a program shall be issued concurrently to a defendant who has committed a sexual crime exempted from an order to attend a course or order to complete a program, in extenuating circumstances where an order to attend a course or order

In accordance with the proviso of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes, an order to attend a course or order to complete a program may not be issued concurrently.

Where a conviction becomes final and conclusive on a crime that is a sex offense subject to registration and submission of personal information, the accused shall be punished for a sexual crime.