beta
(영문) 청주지방법원 2017.05.11 2016고단2828

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2016, around 07:20, the Defendant committed an indecent act against the victim by force, on the following grounds: (a) from the stairs of “D” operated by Heung-gu Seoul Metropolitan Government B Victim C (n, 74 years old); (b) while being under the influence of alcohol, the victim was forced to refrain from drinking, and (c) the victim was forced to commit an indecent act on the victim’s chests twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Where the degree of conduct in the area of special mitigation (one month to one year) (a person subject to special mitigation) (a person subject to special mitigation) is weak in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines general standards, and the degree of conduct in the area of special mitigation (a person subject to special mitigation] is weak, no penalty shall be imposed;

2. The elements of sentencing that are disadvantageous to the decision of sentence: A person who has been sentenced to suspended sentence for the same kind of crime is not subject to criminal punishment. The elements of sentencing that are favorable too are not subject to criminal punishment; agreement with the victim; recognition of errors and reflectivity; and comprehensively taking account of the sentencing conditions under Article 51 of the Criminal Act, the sentence is determined as indicated in the order. In the event a conviction becomes final and conclusive in relation to a crime that is a sex offense subject to registration of personal information, the Defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information

The defendant's age, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the expected side effects shall be achieved.