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(영문) 인천지방법원 부천지원 2017.02.08 2016고단3191

강제추행

Text

A defendant shall be punished by imprisonment for six 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 September 27, 2016, the Defendant: (a) around 09:25, Kimpo-si, Kimpo-si, and (b) around around 09:25, the Defendant used the victim E (in female, 63 years of age) who is preparing for meals, and committed an indecent act against the victim by raising both chests of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of E;

1. Application of the Act and subordinate statutes to each of the images of six copies of on-site CCTV closure photographs and one CD [the Defendant may be sufficiently recognized in light of the victim’s statement, re-proof photographs, photographs at the time, etc., although he/she denies the instant crime, etc.];

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 against the Defendant [the scope of recommendations] under the general standard of sentencing [the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant [the scope of recommendations] is the mitigated area (one month or one year from January to one year), [the person who is subject to special mitigation] [the decision of sentence] that the Defendant denies the crime and agreed smoothly with the victim, such as the fact that the Defendant does not reflect against the Defendant while denying the crime, etc., the sentence shall be set as ordered within the scope of the sentencing guidelines by taking full account of the circumstances under Article 51 of the Criminal Act, such as the

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 head of the competent police office pursuant to Article

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 of disadvantage and anticipated side effects of the defendant's disadvantage, and the prevention and prevention of sex crimes subject to registration which may be achieved due to such order.