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(영문) 전주지방법원 군산지원 2016.09.23 2016고단585

준강제추행

Text

A defendant shall be punished by imprisonment for six 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

1. On February 28, 2016, the Defendant: (a) around 03:0, the Defendant: (b) around 03:00, located in Yasan-si B; (c) on the male surface of the second floor in C; (d) taken a bath to the victim D (21) who was diving; (c) took the locked on his/her left side; (d) took the neck on his/her her hand; and (e) laid down the victim’s bridge on the leg.

2. On February 29, 2016, at around 04:00, the Defendant discovered that the said victim was divingd, at the same place as the above Paragraph 1 above, and came up with the victim’s left side of the victim’s body, included the finger in a sobrying brying fry, and made up the Defendant’s bridge one time on the victim’s body, and made up on the victim’s body several parts of the bry and bridge.

Accordingly, the Defendant committed an indecent act on two occasions against the victim in a state of impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.