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(영문) 수원지방법원 평택지원 2017.05.11 2016고단2773

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

Reasons

Punishment of the crime

On June 11, 2016, the Defendant committed an indecent act by committing an indecent act against the victim by using the victim’s shoulder, bucks, etc. with the victim’s hump, i.e., the victim D (n, 19 years old), and the victim E (n, 20 years old) who performed drinking on the side humbs, while drinking humbs and humbs in Pyeongtaek-si B around 05:0 on June 11, 201, and using the victim’s shoulder, humbbbbs and hump with the victim’s humbbs.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police statements made to E, D, and F;

1. Application of Acts and subordinate statutes of E and D;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the degree of indecent act committed by a person is not strong, and the sexual crime subject to registration is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.