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(영문) 의정부지방법원 2016.05.04 2016고합88

강제추행치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2016, the Defendant discovered that he returned home (the age of 22) before C apartment in Namyang-si, Namyang-si, the Defendant 23:00, and found the Victim D (the age of 22) back, and caused the Victim’s chest by his hand, and caused the Victim’s injury, such as the face bed, the left part, which requires treatment for about 14 days on the left part. The Defendant: (a) caused the Victim’s knife by a defect in resistance, the Victim’s knife with his hand, and the Victim’s knife with his hand, prevented the Victim’s knife from getting the Victim’s knife with his hand; and (b) led the Victim from an indecent act by force by other hand by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

1. Relevant Article of the Criminal Act and Articles 301 and 298 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the accused has no history of sex offense, and the accused is likely to recommit a sex crime in light of the following circumstances

It is difficult to conclude that the personal information of the accused is disclosed and notified in comparison with the benefits and prevention effects expected by an order to disclose or notify the personal information, and the disadvantages and side effects of the accused.