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(영문) 수원지방법원 평택지원 2016.12.08 2016고단1983
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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 September 16, 2016, at around 23:30 on September 23:30, 2016, when the victim C (n, 24 years of age) wears his body in order to put the goods purchased at the convenience store in the vehicle, the Defendant committed an indecent act against the victim by making the victim’s own hand only one time, and by making the victim’s right tamp.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol to D, C, and E;

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

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 an indecent act against a victim who does not have any relation with the grounds for sentencing, and committed an indecent act against the victim's family member who resisted after committing an indecent act. The punishment for the offense is not easy.

The sentence shall be determined by taking into account the fact that there is no criminal record, the agreement with the victim, and considering all the factors of sentencing, including the degree of indecent act, the occupation, age, family relationship, etc. of the defendant.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that are 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 a related agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, personal information is subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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