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(영문) 의정부지방법원 2016.09.23 2016고단2202

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

On May 7, 2016, the Defendant discovered the victim E (a name, leisure, 32 years old) (a name, age 32) where he was operating a ice cream before the air conditioners at the Gu-si around 22:39 on May 7, 2016, and committed an indecent act against the victim after the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report (outstanding investigation - on-site CCTV);

1. Application of CCTV image data and CCTV video CD-related Acts and subordinate statutes;

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 community service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend [Scope of Recommendation] No (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes No. 13 or 2) exists (Article 13 or more) in the basic field (Article 1-2) (Article 1 of the Act on Special Cases concerning Indecent Conduct (Article 13 or more). [Pronouncement-2] [Decision of the sentence] The crime of this case led the victim to feel a sense of sexual humiliation and discomfortable behavior, and there is no letter from

However, the punishment as ordered shall be determined by comprehensively taking account of the following circumstances, including the Defendant’s confession of the instant crime, the fact that the Defendant supports a spouse whose health condition is not good, the Defendant’s age, sexual conduct, the circumstances and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments.

Where a conviction against a defendant is finalized on the criminal facts stated in the judgment on a sexual crime subject to the obligation to submit personal information, the defendant shall become 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 shall obtain personal information from the relevant agency, as prescribed in Article 43 of