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(영문) 인천지방법원 2015.09.10 2015고단3499

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 12, 2015, at around 00:30 on April 12, 2015, the Defendant: (a) reported the victim (here, 25 years of age) returned to the apartment building located in Bupyeong-gu Incheon, and entered the apartment building; (b) brought the victim waiting for an elevator before the elevator of the first floor into the apartment, and (c) forced the victim to commit an indecent act according to the victim’s left side.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty surcharge of KRW 4,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the Criminal Code for sentencing under Article 59(1) of the suspended sentence seems to have considerable mental impulse and sexual impulses of the victim. However, considering the fact that the defendant does not want the punishment of the defendant by agreement with the victim, that the defendant does not have any criminal record, that the defendant is the first offender with no criminal record, that the defendant is led to confession, reflects against himself, and that the defendant does not prevent re-offending, and that he does not lead a healthy life without being able to lead a sound life, the defendant must be sentenced to the punishment in light of various matters stipulated in Article 51 of the Criminal Code, which are conditions for sentencing such as the defendant's age, character

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

except the defendant's age, occupation,