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(영문) 인천지방법원 부천지원 2018.02.21 2017고단2917

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant committed an indecent act on the part of the victim, such as drinking alcohol at around 23:00, on the one hand, using the victim’s resistance impossible condition where the victim was under the influence of alcohol and drinking alcohol by drinking alcohol at around 206, the Defendant committed an indecent act on the part of the victim, by taking advantage of the victim’s resistance failure.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the prosecution or the police interrogation of the accused;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a report on investigation (in the first site site), and a report on investigation (in the event of an interview with a victim);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. The punishment identical to the order shall be determined by comprehensively taking into account the following circumstances and the degree of indecent conduct on the grounds of sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

- The Defendant’s commission of the crime led to the sacrificing, aversion, sexual humiliation, and mental suffering.

- did not receive a letter from the injured party.

- The question is whether his mistake has been recognized, but is seriously against it.

- It seems to have been contingent.

- There is no criminal history prior to the instant case.

When a conviction on the crime of indecent act committed in the judgment of a sex offender subject to the registration of personal information becomes final and conclusive, 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 head of the competent police office pursuant to Article 43 of

The exemption from disclosure or notification order is due to the age, occupation, risk of recidivism, type of crime, motive, process, disclosure order, or notification order of the defendant.