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(영문) 수원지방법원 성남지원 2014.07.17 2014고합125

강제추행치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:40 on April 11, 2014, the Defendant found that the victim D (the age of 59) was aware of the Defendant at his own domicile in Gwangju-si, Gwangju-si upon the request of the victim's words, and confirmed the part of the Defendant's son and the victim who confirmed the part of the Defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A medical certificate for the preparation of a medical doctor E;

1. Application of text, photograph, evidence photographing statute;

1. Articles 301 and 298 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not have any record of being punished for sexual crimes prior to the instant crime;

The defendant has not committed a second offense, reflecting his own mistake in depth.

In full view of these circumstances, rather than the benefits and preventive effects expected by the disclosure order or notification order, the disadvantage that the defendant would receive is the defendant.