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(영문) 인천지방법원 부천지원 2016.11.30 2016고단2379

강제추행

Text

A defendant shall be punished by imprisonment for four 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 22:30 on May 13, 2016, the Defendant committed an indecent act by force against the victim by using the left arms and bucks of the victim E (one, the other, the other, the other, the other, the other, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second,

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to witness E’s legal statement (the defendant asserts that there is no fact that he gets sold, but he rhumbucks are able to recognize credibility because the victim’s statement consistent with the facts charged is very specific and consistent)

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for the sentencing of Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] general standards for the punishment of indecent acts by compulsion (the subject of 13 years of age or older) [the decision on the sentence] in the mitigated area (1 to 1 year] [the decision on the sentence] of the mitigated area (13 years of age or older] [the decision on the sentence] of the defendant does not reflect the defendant's partial denial of the crime, and the victim does not wish to punish the defendant, and the defendant has the record of being sentenced to suspended sentence for the same kind of crime only once, and the judgment of conviction on the crime of indecent acts by compulsion is confirmed, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information

The age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim.