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(영문) 수원지방법원 성남지원 2016.11.04 2016고단1836

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

At around 01:20 on June 15, 2016, the Defendant: (a) committed an indecent act by force against the victim, who was the guardian of another patient E, using the Defendant’s bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement of F and E;

1. Application of statutes on site photographs;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act (amended by Act No. 13 years of age or older) is the case where the degree of indecent act is weak in the special mitigation area (one month or year) (special mitigation area), the court is obliged to submit personal information to the related agency pursuant to Article 43 of the same Act in a case where a conviction of the accused against the sexual crime subject to registration of personal information becomes final and conclusive on the grounds that the accused is a sexual crime subject to registration of personal information, such as the confession and reflect of the accused [decision of the sentence], the fact that the accused has no record of criminal punishment, the first offender who has no record of criminal punishment, the fact that the degree of indecent act in this case is relatively minor.

The defendant's age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and sexual crimes subject to registration which can be achieved due to such order.