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(영문) 인천지방법원 2016.10.19 2016고단4984

준강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 03:00 on July 16, 2015, the Defendant: (a) reported the situation in which the Defendant was female-friendly C in the second floor of Gangseo-gu Seoul Metropolitan Government, and the victim D (the 27 years old) was locked; and (b) took the victim’s left chest, the Defendant her chest was promptly her chest.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Since it is determined that the crime of this case was committed with severe sexual humiliation and mental pain to the victim by focusing on the attitude of the crime of this case, the defendant shall be sentenced to imprisonment.

However, the term of punishment shall be determined in consideration of the fact that the defendant recognized the crime and reflected against the defendant, and that the defendant has no same power, and the execution of the punishment shall be suspended

In addition, it is necessary.