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(영문) 수원지방법원 여주지원 2017.07.26 2017고단724

강제추행

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

[criminal history] On September 6, 2012, the Defendant was sentenced to two years and six months of imprisonment and three years of suspended execution due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion upon Residence, Rape, etc.) in the support of the Friwon method.

[2] On April 24, 2017, at around 18:00, the Defendant committed an indecent act against the victim by taking the victim D (one name, two years of age) entering a toilet into the toilet, entering the first square, and inserting his hand under the square, and putting his son out of the second square, and making the victim's son who was off and reported his son off in the square, and committing an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) main sentence of the Act on the Protection of Juveniles against Sexual Abuse, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

The reason for sentencing [Scope of Recommendation] In the event that the exercise of the force of force in the area of special mitigation (one month to one year) (special mitigation person) (special mitigation person) is considerably weak under the general standard for the crime of indecent act by force (subject to 13 years or more), the court is not obliged to punish [decision of sentence] imprisonment with prison labor for 2 years of suspended execution for six months (the defendant who has the record of punishment for the same kind of crime) (the defendant who committed the crime of this case at the same time has committed the crime of this case).