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(영문) 수원지방법원 성남지원 2017.04.14 2016고단3331

강제추행

Text

A defendant shall be punished by imprisonment for 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 July 14, 2016, around D 11:27, the Defendant committed an indecent act against the victim by coercioning the victim E (the 26-year-old age) with his/her her her her son by reporting the short flock and talking with the guidance staff on the D 1st floor in Seongbuk-gu, Sungnam-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (verification of CCTV images for crimes), and application of CCTV-cap photograph Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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 an Order to Attend [the scope of recommendations] is the case where the degree of conduct in the mitigation area (one month to one year) is weak (the person subject to special mitigation] (the decision of sentence] in the case where the degree of conduct in the mitigation area (one month to one year) is weak (the case where the punishment was not received from the injured party).

However, the degree of indecent act is not relatively more severe, and there is no history of punishment exceeding the same criminal record and fine, the confession and reflect of the defendant, the circumstance of Article 51 of the Criminal Act and the scope of the recommended punishment according to the sentencing criteria shall be determined by taking into account the circumstances of Article 51 of the Criminal Act and the scope of the recommended punishment in the sentencing guidelines.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission 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 relevant agency pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order is expected to be the degree of disadvantage and disadvantage of the defendant.