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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3781
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 August 26, 2016, around 01:10, the Defendant discovered the victim C (the 18-year-old age) who walked in front of Dongdaemun-gu Seoul, Seoul, and followed up about 450 meters by the victim. The Defendant got her chest from the back of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning CCTV images CDs and caps;

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. Reasons for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Community Service and Order to Attend shall be sentenced to imprisonment in consideration of the following facts: The execution of the sentence shall be suspended in consideration of the following facts: (a) the mitigation area of punishment (13 years to 13 years or more) (1 months to 1 year); (b) the mitigation area (1) (1) the punishment of a person subject to special mitigation] (1) the victim who is walking along the night path; (c) the contents of the crime of this case are partially covered by the victim after the victim himself/herself; and (d) the crime is not good; (d) the defendant is led to confession and rebuttal; (d) the execution of the sentence shall be suspended; and (d) the sentence shall be sentenced as per the order to prevent recidivism.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, 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 competent agency pursuant to Article 43

The age of the defendant exempted from the disclosure order or notification order, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant to suffer due to the disclosure order or notification order, and the preventive effect of the sexual crime subject to registration which can be achieved due to it.

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