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(영문) 의정부지방법원 고양지원 2015.07.24 2015고합101

강제추행상해

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Investigation reports (on-site CCTV investigations);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 (the defendant has no record of committing a sex offense prior to the instant crime). The defendant acknowledges and reflects the instant crime; and only taking lectures in the registration of personal information and the treatment of sexual assault may have an effect to prevent recidivism of the defendant to a certain extent. In addition, in full view of the developments of the instant case, the risk of repeating a crime; the benefits and effects expected by the disclosure or notification order of the instant case; and any disadvantage and side effect arising therefrom, if a conviction becomes final and conclusive on the facts constituting a crime of registration of personal information, the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. The range of recommended sentences according to the sentencing guidelines (decision of types), sex crimes, where the result of bodily injury occurs, the age of 13 or older/ the bodily injury, the minor bodily injury (the scope of recommended fields and recommendations) of Type 1 (General Indecent Acts by Compulsion) (the scope of recommendations and recommendations), the mitigation area of mitigation area, two years and six months to four years;

2. Determination of sentence: Suspension of the execution of imprisonment and six months;