beta
(영문) 수원지방법원 평택지원 2013.11.19 2013고단1282

강제추행

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 September 12, 2013, at around 00:15, the Defendant discovered the victim E (here, 32 years of age) who walked in the front of Pyeongtaek-si C, and followed by the Defendant, the victim was her own son who was in front of the “G” in Pyeongtaek-si F in the same day at around 00:20 on the same day, and got off his mobile phone, thereby leading the victim to her her kel, and the victim got out of the floor.

The Defendant continued to put his hand in the clothes of the victim who was in excess of the Defendant, and the victim took the Defendant’s hand, spawn, spawn the Defendant’s hand, spawn, and spawn by hand, thereby preventing the victim from resisting the victim, and then placing his hand in the clothes of the female, resulting in an indecent act against the female by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to the investigation report (in case of video recording images for the purpose of crime prevention),

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, is an indecent act committed by the Defendant on the street by force from driving away the victim. In light of the fact that the crime of this case is inferior to the nature of the Defendant’s crime, such as the fact that the Defendant’s criminal act, etc., and that the victim’s suffered emotional or physical damage

However, in light of various sentencing factors such as the defendant's age, occupation and family relation, including the fact that the defendant has recognized a crime and is seriously against the defendant's detention for a considerable period of time, that the defendant has agreed with the victim, that the defendant has no criminal record, etc., the sentence is to be rendered as ordered.

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