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(영문) 수원지방법원 평택지원 2017.11.02 2017고단1283

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

Reasons

Punishment of the crime

On May 29, 2017, the Defendant: (a) reported that the Victim D (Woo, 24 years old) smoked in the front smoking zone C in Ansan-si B around May 29, 2017; and (b) lent tobacco to the Victim; and (c) requested the Victim to lend it; and (d) the Victim is deemed to have been the son.

In the end, the victim's knife with the victim's knife and the victim's knife were met once, and the victim was forced to commit indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph CCTV images upon the site of the case;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An indecent act committed on the street against a victim who does not have any way to punish a sexual crime under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the victim, thereby causing a considerable sense of shame.

The defendant was unable to receive a letter from the injured party.

In addition, the sentence shall be determined by considering the following circumstances: (a) the defendant has no criminal record; (b) a long-term mental disorder has been receiving treatment; (c) economic conditions are not good; (d) a victim has been paid KRW 500,00 to compensate for damage; and (e) a crime has been committed.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 to submit personal information to the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.