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(영문) 의정부지방법원 2016.05.23 2016고단1255

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 03:30 on March 28, 2016, the Defendant entered a female toilet on the first floor of the B building in Namyang-si, Namyang-si, and discovered that the victim C (the 21 year old) was in the second common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common people

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of statutes on site photographs;

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 Defendant’s crime of this case on the grounds of the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant is highly likely to be subject to criticism due to the following: (a) the Defendant’s crime of this case was forced to control and commit an indecent act against women after the toilet; (b) the victim’s mental impulse is very high; and (c) such crime is likely to lead to a crime committed earlier

However, the suspension of execution is made in consideration of the defendant's age, the defendant has no previous convictions, and his depths in this court.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the order of disclosure or notification of personal information shall be disadvantageous to the defendant due to the age, occupation, risk of recidivism, method and seriousness of the crime.