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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2946

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 15, 2017, around 23:40 on September 23:40, 2017, the Defendant found the victim D (the age of 29) in the toilet located in Seongbuk-gu, Sungnam-gu, Sungnam-si B, and found the victim D (the age of 29). The Defendant forced the victim to commit an indecent act by making the victim's her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports;

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 (The following favorable circumstances):

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims of Social Service and Order to Attend the Course of Indecent Acts on the grounds of sentencing, the degree of indecent acts against the victims, and the fact that the victims have not received an instruction from the victims is disadvantageous to the Defendant

However, it is very important that the defendant has no criminal record for the same kind of crime, the confession, and his attitude to reflect the crime in this case, and the degree of his criminal conduct is very serious.

The punishment shall be determined as per the order, in consideration of the fact that it is difficult to evaluate, other circumstances under Article 51 of the Criminal Act, the scope of the sentencing guidelines recommended, etc.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 to submit personal information to the head of the relevant agency pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration and effects of protecting the victims, etc. shall be comprehensively taken into account.