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(영문) 전주지방법원 2016.10.14 2016고단1333

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 14:30 on June 2, 2016, the Defendant, at the front of the “D” restaurant located in Yansan-si, Jeonju-si, with the intent of having the victim E walk and committing an indecent act. The Defendant, following the victim, kidddly kid the victim with two arms, and kidly kid the victim, and kiddly kidd the victim’s chest, and kiddd the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. A complaint;

1. Application of the Acts and subordinate statutes concerning the attachment of a investigative report (in relation to the attachment of CCTV images, the attachment of CCTV images);

1. Article 298 (1) of the Criminal Act applicable to the crimes and Article 298 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Review (Scope of Recommendation) of the sentencing guidelines and general standards for the crimes of indecent act by compulsion (subject to the age of 13 or more) and the area of mitigation (one month to one year of imprisonment) (special mitigation) of the mitigated area;

2. The crime of this case was committed under unfavorable circumstances to the determination of sentence, with the fact that the defendant, who committed an indecent act against the victim on the street, suffered the victim due to mental shock, etc., and the quality of the crime is not good in light of mental shock, etc.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant does not want the punishment of the defendant, and that the defendant is the first offender in consultation with the victim.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various sentencing conditions under Article 51 of the Criminal Act.

Where the registration of personal information and conviction of a defendant to be submitted is finalized, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be under jurisdiction pursuant to Article 43 of