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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고단1254
강제추행
Text

A defendant shall be punished by imprisonment for four 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

On August 13, 2016, at around 01:15, the Defendant walked from the door door of the playground of the sports site at Gangnam-si University of Gangseo-gu, Gangwon-do, 7 Gangseo-do, the Defendant discovered the victim C (here, 20 years of age) and prevented the victim from suffering by driving away, and turned down the victim's chest on the right side by driving away from the left hand.

Accordingly, the victim resisted against the crime of indecent act committed by the defendant, and the victim, the driver who driven away from the defendant, and the defendant was able to escape the victim again and prevent the victim from harming him/her, and her from driving the victim's chest by her hand.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts; Selection of imprisonment;

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

1. The sentencing guidelines set forth in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the scope of sentencing guidelines agreed with the victim: Imprisonment with prison labor for not more than one year (not more than 13 years of age), type 1, and area of mitigation [where the conviction of the accused against the sex crime, which is a sex offense subject to registration of personal information] is finalized, 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 the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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