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(영문) 전주지방법원 2015.10.28 2015고단1104
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2015, at around 12:30 on June 2, 2015, the Defendant committed an indecent act on the part of the Defendant, i.e., the victim D(n, 32 years of age) in front of the joint marketing center located in the Jeonju-gun B, the Defendant, without any particular reason, committed a indecent act on the part of the victim by force, by using the victim’s arms in good hands while drinking or under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of statutes on site photographs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex offense subject to the registration 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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, motive of the instant crime, method, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the Defendant’s entry, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

The reason for sentencing [Scope of Recommendation] General Standard of Indecent Act by Indecent Act (subject to the age of 13) is that the mitigated area (one month to one year) (special mitigation), imprisonment with prison labor] 4 months, suspended execution 1 year: agreement with the victim; there is no same criminal record; and the process of the instant crime.

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