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(영문) 수원지방법원 평택지원 2016.04.07 2015고단1954

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from August 15, 2015 to around 04:30 on August 15, 2015, 05 to around 05:00, at the Esing practice place operated by the Victim D (Woo, 44 years old) who is in Pyeongtaek-si C, was under the influence of alcohol, and the Defendant was under the influence of alcohol “the Defendant,”

연애할까, 나랑 사귈래

After the victim's arm's length that requires the victim to return home, he/she gets the victim to sit in a sofa, and gets the left breast in the rear side of the victim, such as a part outside his/her left hand, etc.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to data capturing the screen;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [Scope of Recommendation] are the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation] and the general criteria (Article 13 or more years subject to compulsory indecent acts) [Specially mitigated persons] In the mitigated area (Article 1-1 year to 1)], a person who has been sentenced to a six-time fine by an act of violence, etc. [decision of sentence], an agreement with the victim after the conclusion of the pleading, and a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which may be achieved due to such order.