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(영문) 수원지방법원 2016.12.08 2016고단4837

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 02:00 on May 13, 2016, the Defendant laid the Defendant’s house in the Defendant’s room located in Suwon-si, Suwon-si, with a view to the drafting of the Victim C (A, 16 years of age) who has been divingd.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

2. At around 02:00 on May 14, 2016, the Defendant: (a) included a sudden hand in the victim C, who was diving at the same place; (b) and (c) met the chest of the victim.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment concerning the facts constituting a crime, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act was that the defendant committed an indecent act against the victim on two occasions by taking advantage of the victim's potential condition. In light of the method, frequency, etc. of indecent act, such an indecent act is not good.

However, considering the fact that the defendant's mistake is recognized and against the defendant, and the victim does not have any punishment against the defendant, it shall be sentenced as ordered in light of the circumstances leading to the crime, the circumstances after the crime, the age and character of the defendant, and all the sentencing conditions shown in the arguments.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment of a sex crime subject to registration, the accused 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