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(영문) 인천지방법원 2017.04.27 2017고단1565
준강제추행
Text

A defendant shall be punished by imprisonment for not less than two 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

On December 31, 2016, the Defendant: (a) around 18:10, the subway station No. 1 located in Jung-gu Incheon, Jung-gu, Incheon, in the subway station No. 2, the Defendant: (b) stated that the victim D (nick, 19 years old) who was seated and was unbrued, was able to get off the victim’s shoulder by hand; and (c) set the victim’s shoulder at the C station platform with the victim, who was aware of the victim’s male seat.

Since then, under the influence of alcohol on platform, the Defendant committed an indecent act against the victim by taking the victim's grandchildren who was in a mental or physical loss and walking in the direction of escalator.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on damage, CCTV image storage CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend [Scope of Recommendation] is the case where the exercise of force is considerably weak (one month to one year) in the mitigation area (one month to one year in general) (the person subject to special mitigation) in the mitigation area; / the victim who is vulnerable to the crime (decision of sentence] has been sentenced to the same punishment; / The victim who is vulnerable to the crime is not agreed with the victim, and the nature of the crime is not good due to the lack of agreement with the victim; however, the fact that the defendant is divided into his/her own mistake is considered as favorable to the defendant; and the judgment is made in consideration of the defendant's age, sexual behavior, environment, motive and means of the crime, result, etc.; and all sentencing factors expressed in the arguments of this case, such as the circumstances after the crime.

When a conviction on a criminal fact 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 in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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