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(영문) 수원지방법원 평택지원 2017.03.16 2016고단2248

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 7, 2016, at around 23:30, the Defendant committed an indecent act against the victim by committing an indecent act against the victim in the course of moving the victim to the fish industry complex located on the right side of Pyeongtaek-si, which is located on Pyeongtaek-si, in front of the “E” main point located on Pyeongtaek-si D on July 7, 2016. On the same day, around 23:45, the Defendant committed an indecent act against the victim by using the victim’s right shoulder to his hand at the entrance of Pyeongtaek-si, and continuously, around 23:50 on the same day, the Defendant committed an indecent act against the victim by using the victim’s full hand from the front side of the I at discount on Pyeongtaek-si, which is located on Pyeongtaek-si, to the back part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. An indecent act committed against a victim who drives a taxi with reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture, and the liability for the crime is not minor. However, in cases where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information, such as a long-term fine of one fine, the fact that there is no other criminal record, the fact that only the victim has agreed with the victim, and that there is a family member to support, 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

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.