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(영문) 인천지방법원 2017.11.30 2017고단7132
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2017, at around 22:50, the Defendant: (a) committed an indecent act against another victim in the narrow sense that the victim C (the 64-year-old) was divingd in Seo-gu Incheon, Seo-gu, Incheon (the 64-year-old) operation “D”; (b) the victim was able to commit an indecent act against the other victim; and (c) the victim was able to commit an indecent act against the other victim at the same time; and (d) the victim was able to commit an indecent act against the other victim on the part of the victim; and (e) the victim was able to commit an indecent act against the other victim on the part of the victim; and (e) the victim was able to commit an indecent act against the other victim on the part of the victim;

Accordingly, the defendant forced the victim to commit an indecent act as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [Scope of Recommendation] under the general standard of sentencing [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes] [Article 16(1) of the Punishment of Indecent Acts (Article 13 or more) [Article 13 or 1 year] [Specially mitigated Persons] Punishment is not imposed [Article 4(1)] [Article 16(1) of the Punishment of Punishment, etc. (Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Indecent Acts committed by the Defendant (Article 13 or more of the Act on Special Cases concerning the Punishment, etc. of Indecent Acts committed by the Defendant] (Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Punishment,

When 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 Article 43 of the same

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