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(영문) 수원지방법원 평택지원 2017.05.11 2016고단2896
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 27, 2016, at around 00:41, the Defendant committed an indecent act against the victim by blocking the victim F (n, 24 years of age) who is female employees in the corridor located in Pyeongtaek-si D, with his left hand. The Defendant committed an indecent act against the victim by taking the victim’s humping away with his left hand. The Defendant committed an indecent act against the victim by humbing the victim’s humf with his left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Application of Acts and subordinate statutes on the screen by capturing CCTV images at a main point;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The victim was under considerable sense of shame and fear by committing an indecent act against the victim who does not have any awareness of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

There are no criminal records against the defendant, but there are several criminal records related to drinking.

Punishment shall be determined by comprehensively taking into account the fact that the accused is divided, the fact that the accused has agreed smoothly with the victim, the fact that the economic situation of the accused is not good.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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