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(영문) 인천지방법원 2015.08.20 2015고단3369
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a third-class person with a mental retardation.

On June 8, 2015, the Defendant, at around 17:20, committed an indecent act on the part of the victim, on the part of his hand, on the part of the victim B (n, 20 years of age), who was aboard and moving from the 16 Bupyeong-gu, Incheon subway transfer route 8, Bupyeong-gu, Incheon, Incheon. The Defendant committed an indecent act on the part of the victim, such as the victim’s her knife with her knife at least three times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B and C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the suspended sentence under Article 59(1) of the Criminal Act seems to have considerable mental impulse and sexual humiliation of the victim due to the instant crime. However, the instant crime appears to have been committed by the young age by contingency. The Defendant is the primary offender who has no record of punishment, and the mentally handicapped, who does not want the Defendant’s punishment by agreement with the victim; the Defendant is the primary offender who does not want the victim; the Defendant’s perception of and reflects the Defendant’s crime; and the Defendant has been able to lead a healthy life without preventing recidivism; taking into account various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character, conduct and environment, as shown in the instant records and arguments, the sentence against the Defendant is suspended since the circumstances of the instant crime

Where a conviction becomes final and conclusive 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 such person is subject to registration.

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