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(영문) 인천지방법원 2015.11.11 2015고단5850

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 10, 2015, at around 06:06, the Defendant discovered the victim E (n, 21 years of age) in front of the Namdong-gu Incheon Metropolitan City, and walk thereafter. On the back of the victim himself, the Defendant saw the body of the victim, saw the victim’s chest and sound with his hand, dried the victim’s chest and sound, dried the victim’s hair, and dried the victim’s hair, and dried the victim’s hair, and committed an indecent act on the victim’s chest continuously.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes, such as photographs of victims;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to 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

Reasons for sentencing

1. Application of the sentencing criteria: Reduction area of general indecent act by compulsion (the area in which punishment is not imposed, one month to one year);

2. The instant crime is an indecent act by compulsion of the victim by force while exercising a high tangible power on the way of the Defendant, and the nature and circumstances of the crime are considerably poor.

The victim sawd at the time of committing the crime, sexual humiliation, fear, and fear.