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(영문) 인천지방법원 2014.11.06 2014고단6711
준강제추행
Text

A defendant shall be punished by imprisonment for six 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 05:00 on May 18, 2014, the Defendant: (a) inside D’s house located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon; (b) the Defendant’s husband and wife, D husband and wife, and the victim E (the age of 33) were gathered to hold a meeting, and all of them were locked at the school living room, etc. at the same time under the influence of alcohol, and discovered the victim who was divingd at the end of the living room in Vietnam; (c) the victim was able to move back back to the back; and (d) the victim was able to collect his hand in the upper part of the victim’s house, and knife the chest was knife and knife the knife

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation] General Standard of the Punishment of Indecent Act by Indecent Acts (subject to the age of 13 or older) (1 to 1 year) in the mitigated area (special mitigation) (1 month or year), the Defendant agreed with the victim that the Defendant did not have any previous sentence, and that there is no previous sentence, contrary to the fact that the Defendant’s character and conduct, and the environment of the Defendant are integrated and determined as the sentence as ordered.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order of personal information disclosure order, and the registration that can be achieved due to such order.

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