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(영문) 인천지방법원 2018.02.07 2017고단5411

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 7, 2017, around 21:15, the Defendant committed an indecent act by force against the victim E (56 years, women) who is an inn business owner at the entrance of the entrance of the entrance located in Incheon Strengthening Group C on May 7, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CCTV images (the defendant and defense counsel asserts that the victim's body is not sufficient as stated in facts constituting a crime).

The victim made a concrete statement in the investigative agency and court about the form of crime and the circumstances before and after the crime, and there is no doubt that the statement is false.

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

Application of Statutes

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission 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 the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, 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, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The defendant's reasons for sentencing are the victim.