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(영문) 인천지방법원 2015.07.15 2015고단999
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2014, at around 23:00, the Defendant committed an indecent act on the part of the victim by force, such as “Dju points in Nam-gu Incheon Metropolitan City, E (n, 22 years of age) and drinking alcohol together with the victim E, moving the victim to the next fright of the victim, making the victim knife his hand and shoulder, making the victim knife his hand, making the victim knife his knife his knife, making the refused victim knife the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The protocol of interrogation of the accused by the prosecution against the accused [E] [Although the accused and the defense counsel denies the crime, there is no circumstance to deem that E, the injured party, has consistently made a specific and consistent statement in the investigative agency and the court about the circumstances in which the crime was committed, and there is no other reason to deem that he made a false statement. Accordingly, the above protocol of interrogation and the statement of the police

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where the conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that constitutes a sexual crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree of disadvantage and expected side effects of the defendant's entrance due to disclosure notification order, prevention and effect of sexual crime subject to registration, protection effect of victims, etc., the order to disclose personal information to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is issued.

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