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(영문) 인천지방법원 부천지원 2018.10.10 2018고단2029

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 July 20, 2018, around 00:16, the Defendant accessed the Victim C (B) who was making a telephone call in the Bupyeong-si B market on July 20, 2018, and then used the victim’s arms, and “ wherever”;

The term "a person who is in the same place" means "a person who is in both hands," and the two knifies of the victim two times with their respective views, and the victim's breasts were delivered one time by his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photograph the CCTV screen to the same;

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. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:

- Indecent conduct against the unaware women and the degree of conduct is serious.

In 2006, the defendant has been punished for a suspended sentence of imprisonment with prison labor due to a very similar crime.

There is no possibility of re-offending;

The decision is judged.

- The victim was made a great fear of fear, sexual humiliation, insult, or aversion, and was suffering from mental shock.

- The injured does not want punishment.

- - The next, late and later recognized his mistake.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 competent police office pursuant to Article

The age of the defendant exempted from the disclosure order or notification order,