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(영문) 서울중앙지방법원 2017.02.03 2016고단8342
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 July 16, 2016, the Defendant committed an indecent act by force against the victim, such as the victim B (or 22 years of age) who drinks alcoholic beverages, and the victim’s her son who was on the back seat of the said taxi at the steering club meeting of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 02:10 on July 16, 2016, when the Defendant was on the back seat of the said club and on the back seat of the said taxi, the Defendant committed an indecent act by force against the victim, such as the victim’s her son, her son, and her son, who was on the back seat of the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The sentencing of Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not yet agreed with the victim, but appears not to have committed the crime planned from the beginning. The first crime is the first crime, the defendant's age, sexual conduct, family relationship, and circumstances after the crime, etc. are considered in consideration of all the sentencing conditions.

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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

When comprehensively considering the defendant's age, occupation, risk of repeating a crime, motive, progress 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 effects of sexual crimes subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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