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(영문) 수원지방법원 2016.06.30 2016고단314
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2015, at around 01:50, the Defendant d'D located in Suwon-si C' on the front of Suwon-si, and d'D' on the front of the victim E (n, 20 years of age) and the victim's male father-gu, followed the victim's male father-gu, and d't flick, and flicked the victim's hick with his left hand on the rear side of the victim's own damage, and flicked the victim's right chest as flick.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. There is no basic area (6 months to 2 years) (special person subject to sentencing) in the first category (general indecent act in force) of the crime of indecent act committed on the basis of the general standard of the sentencing criteria (the scope of recommended punishment)

2. In light of the content and method of the instant crime, etc. of which sentence is determined, the nature of the crime is inferior, and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.

However, considering the fact that the defendant's mistake is recognized and against the defendant, and there is no record of punishment for the same kind of crime before this case, the defendant's age, sex, etc., and all of the sentencing conditions shown in the records and arguments shall be comprehensively considered and sentenced as ordered.

Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 pursuant to Article 43

The age of the defendant exempted from an order to disclose personal information, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and order to disclose the information.

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