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(영문) 수원지방법원 안산지원 2016.11.11 2016고단3786

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant and the victim B (the age of 22) are all North Korean defectors, and they are known through SNS, and they are first between them on the date of the occurrence of the case.

At around 11:00 on July 15, 2016, the Defendant: (a) sent a conversation to a usual SNS; and (b) had a victim known to the Defendant’s residence in the vicinity of the Defendant’s residence after first talking in the vicinity of the Defendant’s residence; (c) had a sexual desire to commit an indecent act by inducing sexual desire.

Therefore, the defendant was pushed the victim as he was in a way to do so, and the victim was kid about the victim, and the victim was kiddd about the victim's chest by inserting the victim's finger into the inside of the victim's own straw and refused to be broken by the defendant, and the victim was kidd about the victim's ear and neck, and the victim was kid about the victim's son's son's son's son's son's son.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The scope of recommendations on the sentencing criteria under Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, the degree of indecent act is not somewhat weak, and has not yet been recovered from damage to victims, but the defendant is led to confession and reflect by the defendant, and the defendant is the initial offender): The basic area of the crime of indecent act by compulsion (Article 13 years of age or older) of the same

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a school

1. Personal information shall be subject to Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, 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 (the disclosure and Notification of Personal Information shall not be made, taking into account the initial offender, family relationship, the outline