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(영문) 인천지방법원 2017.06.22 2017고단3261

강제추행

Text

A defendant shall be punished by imprisonment for four 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 December 29, 2016, around 22:40 on December 29, 2016, the Defendant discovered the victim D (name, leisure, 16 years of age) in the elevator of the Seo-gu Incheon Metropolitan City building C, and had the intent to force the victim to commit an indecent act.

In this regard, the Defendant committed an indecent act by force against the victim by using the victim in a canter after the victim of the above elevator, among the roads operated by the above elevator.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a department related to the report of the 112 case, photographs and stenographic records of CCTV images taken;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 on the suspended execution;

1. Reasons 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] [the grounds 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 shall be limited to 13 years or more)] that does not exist in the basic area (6 months or 2 years or more) (the person subject to special sentencing] [the decision of sentencing] that a student status suffers a huge mental harm to the victim, and that no agreement has been

However, it is decided as ordered by the judgment below, taking into account all sentencing factors as shown in the pleadings of this case, such as the fact that the defendant has no previous record of the same kind, the fact that his mistake is against the defendant's age, sexual conduct, environment, motive, means, result, and circumstances after the crime.

When a conviction on a crime 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 competent agency pursuant to Article 43

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, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order.