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(영문) 수원지방법원 성남지원 2017.07.07 2017고단855
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who works at a logistics center and is aware of himself/herself with the victim B (the name, the remaining, the age of 24).

1. On October 22, 2016, the Defendant, at around 01:37, committed an indecent act by inserting alcohol together on the street in front of “A building in the Magnam-si, Sungnam-si,” and walking along the paths with the victim, by inserting hand to the victim’s panty, and 20 times.

2. On October 22, 2016, around 06:21, the Defendant committed an indecent act by inserting hand over 10 times the Defendant’s panty panty of the victim who was in a bed to the bed by the bed pursuant to “E” cartel 207, Sungnam-gu, Sungnam-gu, Sungnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. An unfavorable circumstance is that Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend (i.e., failing to receive a letter from an injured party on the grounds of sentencing; (ii) forced indecent act was committed twice; and (iii) the degree of conduct that is not somewhat harsh.

However, in addition, considering the circumstances of Article 51 of the Criminal Act and the scope of recommendations according to sentencing guidelines, etc., the punishment shall be determined as ordered and the suspended sentence shall be sentenced only once.

When a conviction on a crime of forced indecent act 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 head of the relevant agency pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, order of disclosure, or order of disclosure, of the defendant exempted from disclosure or notification order.

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