beta
(영문) 청주지방법원 2016.12.22 2016고단2273

준강제추행

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

On August 18, 2016, the Defendant: (a) at the Defendant’s friendship C’s house located in the Cheongju-si Office, C, the Defendant’s another relative D, D, and D’s female-friendly job offers victim E (the age of 37) who drinks alcohol together with the victim, considered the situation of the room by opening a door door door-to-face visit with the victim inside the room; (b) the said C and D coming out of the room; and (c) the victim flicked the chest of the victim, who was flick of the victim’s male-child ties, and who was flick of the victim’s male-child ties.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to police statements made to E;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The conditions of various kinds of sentencing indicated in the arguments of this case, such as the details and degree of indecent conduct on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, relationship between the defendant and the victim, the relationship between the defendant and the victim, the previous conviction of the same kind of fine and the single reflectivity, etc., shall be equally taken into account, and the scope of recommended sentences (six months and two years of imprisonment) by the sentencing guidelines of the Sentencing Committee for the crime of indecent act by force (subject to the age of 13 years

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall become 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 obliged to submit personal information to the competent agency as prescribed in Article 43

An order of disclosure or notification shall be exempted from the age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and disclosure order.