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(영문) 대전지방법원 서산지원 2015.07.17 2015고단140
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who has been engaged in cleaning at a D resting area in C at a time of a party.

The Defendant, from March 2014 to the lower police officer of the same month, committed an indecent act on the part of the victim E (V) who is a foreign worker of the Chinese nationality, who was engaged in cleaning work identical with the Defendant, in the restaurant of the above rest area, and was in the vicinity of the victim E (V) who was a foreign worker of the Chinese nationality.

Summary of Evidence

1. Application of witness F and G legal statement Acts and subordinate statutes;

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. The reason for the sentencing of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes committed by Indecent Act by Indecent Act (the scope of recommending punishment) is general standard and there is no basic field (6 to 2 years) of the crime of indecent act by compulsion (the target of 13 years of age or older) [decision on the sentence] [decision on the sentence] of the basic area (6 to 2 years of age or more] of the crime of indecent act by indecent act by compulsion of the victim by abusing the fact that the victim is illegal aliens, and the nature of

In addition, the fact that the damage has not been recovered at all is also an unfavorable condition to the defendant.

However, considering the fact that the accused does not have the same criminal record and other various sentencing conditions shown in the records and arguments of this case, the sentence shall be determined as ordered by the order, and the execution thereof shall be suspended, and the accused shall be ordered to take lectures for the treatment of sexual assault.

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

An order of disclosure or notification of personal information shall be issued to the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and disclosure order.

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