beta
(영문) 광주지방법원 장흥지원 2018.03.08 2017고단218

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 2, 2017, the Defendant, at around 16:04, committed an indecent act by force on the part of the victim E (n, 34 years of age) who was well aware of his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing factors under the grounds of the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the conditions of all the sentencing shown in the records and arguments, including the defendant's age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime, shall be determined as ordered in the same manner.

The elements of sentencing favorable to the defendant: The confession and reflect of the defendant, the fact that there is no previous conviction, the fact that there is no record of criminal punishment heavier than imprisonment without prison labor, the fact that the defendant did not want to punish the defendant, and that the defendant agreed with the victim (the fact that the injured person does not want to punish the defendant). The elements of sentencing unfavorable to the defendant are bad in the nature of the crime of indecent act against the victim's will at the time when the defendant goes out of the bus terminal: Reference to the sentencing guidelines [the scope of the recommended punishment] general standards of the crime of indecent act by force (the scope of the recommended punishment) in the area of special mitigation (one month to one year) [the person subject to special mitigation] in the area of special mitigation (the person subject to special mitigation] (the person subject to special mitigation] where the conviction of the criminal facts in the judgment of non-criminal personal information registration becomes final and conclusive, the defendant is obligated to submit personal information to the competent agency pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.