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(영문) 대전지방법원 서산지원 2015.02.13 2014고단1035

강제추행

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

On April 8, 2014, at around 05:35, the Defendant: (a) committed an indecent act by force against the victim by putting the victim’s hand over at the right right side of the victim by taking up the victim’s hand in a PC “D,” located within the PC located within the Yaean-gun, Chungcheongnam-gun, Chungcheongnam-gun, and by taking up the victim’s hand on the floor at the right side of the victim; (b) putting the victim’s hand over to the panty of the victim; (c) putting the victim’s hand over the upper part of the victim’s panty; and (d) putting the victim’s hand into the part on the part of the victim, making the victim’s left chest of the victim’s chest.

Summary of Evidence

1. Legal statement of witness E;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (General Conditions favorable to the accused among the reasons for sentencing following the suspended sentence);

1. In light of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes against Sexual Crimes and the fact that the defendant committed an indecent act against the victim at a public place and the degree of such indecent act is not that of the victim, the criminal nature of the defendant is not good;

However, considering the facts that the defendant has no criminal record for the same kind of offense, and that the defendant has had time to reflect his/her wrong when he/she is detained for a considerable period of time, considering the circumstances favorable to the defendant, considering the defendant's age, criminal record, occupation and family relation, the punishment as the order shall be determined in consideration of various sentencing conditions recorded in the records of this case, such as age, criminal record, occupation and family relation, and the execution thereof shall be suspended, and the defendant

Where a conviction becomes final and conclusive on the criminal facts of indecent acts by compulsion on the judgment that constitutes 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

A defendant who is ordered to disclose or notify personal information.