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(영문) 의정부지방법원 고양지원 2015.05.08 2015고합25

강제추행치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes to a medical certificate of injury, or photograph of injured part of the victim;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 (the defendant is an initial criminal who has no record of criminal punishment). The defendant is liable to submit personal information to the competent authority under Article 43 of the same Act, in full view of the following: (a) the risk of repeating the case; (b) the benefits and effects expected by the disclosure order or notification order of this case; and (c) the disadvantages and side effects of the disclosure order of this case; and (d) where a conviction becomes final and conclusive on the facts constituting the crime subject to registration of personal information of the defendant pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (d) the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. In cases of significantly weak the exercise of the range of recommended sentences according to the sentencing guidelines (decision of types), sex crimes, injury or injury, and the exercise of the physical force of Type 1 (General Indecent Acts by Compulsion) (general mitigated) and minor injury, non-influence of punishment [the area of recommendation and the scope of recommended sentences], one year and three months or four years of imprisonment;

2. Determination of sentence: