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(영문) 전주지방법원 2018.01.12 2017고단2179
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2017, around 08:00, the Defendant committed an indecent act by force on the part of the victim D (34 e.g., women) who is separately collected at the Yansan-gu Seoul Special Metropolitan City Cbris separate collection place, and on the part of the victim D (34 e.g., women) who is separately collected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service;

1. The basic area (referring to six months to two years of imprisonment) of the first type of the crime of indecent act (subject to at least 13 years of age) committed on the basis of the general criteria for the sentencing guidelines;

2. Circumstances favorable to the decision-making of sentence include: (a) the fact that the Defendant recognized the instant crime; (b) the degree of the type of the Defendant used is relatively heavy; and (c) the Defendant has no record of criminal punishment, unlike the punishment imposed once for the instant crime, and (d) the Defendant is aged.

There are reasons that the defendant did not reach an agreement with the victim.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to 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 competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, and crime of the defendant exempted from the disclosure or notification order.

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