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(영문) 인천지방법원 2018.04.12 2018고단1431

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 26 years old) are first between them.

On September 26, 2017, at around 00:20 around September 26, 2017, the Defendant passed ahead of D' in Bupyeong-gu Incheon Bupyeong-gu C.

E In the victim’s bucks located adjacent to the bus, the bucks in the victim’s bucks, which were able to use the bucks below the above, the victim again bucks down the victim’s bucks by hand with any reaction, bucks in the victim’s hand, bucks in the victim’s bucks, and bucks off the victim’s bucks by hand, and bucks in the victim’s bucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses [the Defendant is an initial offender with no criminal history; in this case, the Defendant’s registration of personal information alone can expect the effect of preventing recidivism of the Defendant;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the case where the crime of this case in which the registration of new information was made final and conclusive (see Supreme Court Decision 2011Do16863, Feb. 23, 2012), the defendant is punished for sexual crimes.