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(영문) 춘천지방법원 원주지원 2015.10.27 2015고단693
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 10:00 on April 26, 2015, the Defendant: (a) held that “I would like to carry a part of a woman-friendly knick,” such as the victim D(n, 19 years of age) of a woman-friendly knick in the part of the Defendant’s residence located in Won-si, the Defendant continued to talk with the victim’s hand in the part of the victim; (b) even though the victim had flicked the Defendant’s hand, the Defendant got her knick and kid the victim’s body even though her knicked the Defendant’s hand.

Since then, the Defendant placed the victim who intends to get out of the zone on the bed, and called “one-man only one-time kisk on the victim’s body.”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Application of Acts and subordinate statutes to photographs of crime places;

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. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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