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(영문) 인천지방법원 2017.12.13 2017고단6843
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 5, 2017, at around 02:50, the Defendant discovered the victim E (at 24 years of age) who walks a place near the Nam-gu Incheon Metropolitan City D Apartment Park E-dong parking lot, followed by the victim, and the victim followed, and the victim followed by the victim, etc., and the victim was able to take the part of the victim's shoulder with his left hand, and was able to take the part of the victim's shoulder into the part of the victim's shoulder, thereby committing an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes, such as field map and CCTV closure photographs (netly 9);

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. Where a conviction against a defendant is finalized in regard to the crime of a sex crime subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a related agency pursuant to Article 43 of the same

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

After finding the victim, the Defendant committed the instant crime by driving away a considerable distance, and in light of the method of the said crime and the degree of the criminal conduct, etc., the Defendant is sentenced to imprisonment with prison labor for the Defendant.

However, the defendant recognizes the crime.

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