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(영문) 인천지방법원 2014.09.03 2014고단4358

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2014, at around 09:15, the Defendant discovered the victim F (n, 13 years of age) who was divingd on the fourth floor of E soup 4 soup, Nam-gu Incheon Metropolitan City D, and the above victim Da Da d d d d d f d d d d d d d d d d d d d d d d d d

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. Where a conviction of a defendant against a sex offense 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 is finalized, 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 the defendant 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 disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The scope of the recommended sentence according to the sentencing criteria [the scope of the recommended sentence] general standards, and the crime of indecent act by compulsion (the target in which the age of 13 is over).