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(영문) 춘천지방법원 원주지원 2017.05.12 2016고단1271

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, at around 23:00 on December 10, 2016, was the victim of the victim D (at least 22 years of age) who is the right holder of the said singing room, and entered into the same room once in order to receive an order of this alcoholic beverage from the victim D (at least 22 years of age) who is the right holder of the said singing room at one singing room in Gangwon-do Crossing-gun B.

When the victim refuses to do so, “drawing” means “drawing”, trawing the victim’s traw with his hand, making it possible for the victim to take an additional order in light of 23:30 on the same day, and then play together in the same way.

As the victim refused, the victim committed an indecent act in favor of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act, inclusive, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the sentencing specified therein):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction becomes final and conclusive with respect to forced indecent conduct, which is a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is 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 Article 3 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (No. 14412, Dec. 20, 2016) and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

In full view of the statutory penalty, nature of the crime, the circumstances leading up to the aggravation of concurrent crimes, etc., there are circumstances under which the period of personal information registration is set more short than that according to the sentence, pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

It does not seem that it does not appear.

The defendant enters the military court due to the age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, disclosure order or notification order, of the defendant exempted from disclosure order and notification order.