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(영문) 수원지방법원 안산지원 2015.06.12 2015고합62
준강제추행
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

Defendant

In addition, at around 01:56 on January 11, 2015, the person requesting probation order (hereinafter referred to as the "defendant") was divingd in the male body of the victim E (the age of 21) in Ansan-si, the sexual flag of the victim E (the age of 21) who was divingd in the male body of the member C in Ansan-si, Ansan-si.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

3. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

4. The reason for sentencing in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify registered information; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) (a) appears to have committed the instant crime in a somewhat dynamic manner by misunderstanding the victim as being the same-sex in the state of drinking; (d) there is no history of punishment for a sex crime; and (e) other circumstances indicated in the records, such as the Defendant’s age, character and behavior, environment, family relationship, etc., where the Defendant’s disclosure or notification of registered information is given to the Defendant

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentencing criteria; and

(a) Determinations of types: sex crime group - general standards - the crime of indecent act by compulsion (subject to at least 13 years of age) - Type 1;

(b) A special breeder: No person;

(c) Scope of recommendations: Imprisonment for six months to two years (basic areas); and

3. Criteria for suspension of execution;

(a) Major reasons: None;

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