beta
(영문) 서울동부지방법원 2016.12.09 2016고단3315

강제추행

Text

A defendant shall be punished by imprisonment for four 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

On July 23, 2016, around 01:30 on July 23, 2016, the Defendant committed an indecent act by force against the victim E (one person, two-eight years of age) who was under drinking alcohol in Seoul Special Metropolitan City, and who was under drinking alcohol in front.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Where the exercise of tangible power is considerably weak in the mitigated area (one month to one year) of the first type of indecent act by force (special mitigation) on the basis of the sentencing guidelines, the range of recommending punishment [the scope of recommending punishment] according to the general standards for the crime of indecent act by force (the persons aged 13 or older);

2. Determination of sentence: A decision of four months of imprisonment with prison labor and two years of suspended sentence: The defendant commits the instant crime even though he/she had the same criminal record, and even if he/she was not less than the degree of indecent act; circumstances favorable to not being agreed with the victim: The degree of exercising tangible force is relatively minor. The defendant is obliged to submit personal information to the competent agency pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where the registration of personal information and conviction of the facts constituting a sex crime subject to registration becomes final and conclusive, taking into account all the circumstances such as the defendant’s age and occupation, character, character and environment, family relationship, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc., which are conditions for sentencing as indicated in the records, are considered, and the defendant is a person subject to registration of personal information under Article

The age, occupation, risk of recidivism, and crime of the defendant exempted from the disclosure order or notification order.