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(영문) 수원지방법원 안양지원 2019.03.27 2019고단37
강제추행
Text

A defendant shall be punished by imprisonment 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 the Internet, the Defendant: (a) discovered the victim E (one, the other, and 31 years of age) who was fluorous male in a fluorous and fluorous manner in the first floor toilet of the building in the vicinity B, with a view to fluoring them to fluoring his fixed amount on his own; (b) received his fixed amount on the water tank in the middle floor of the building in the vicinity B; and (c) found the victim E (one’s name, the other, and the other 31 years of age) who was fluorous and white retail in front of the D elementary school flusium in Ansan-gu, and then fluored the victim into the body of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos 7 and 12);

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. The grounds for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures and other various sentencing factors indicated in the present arguments and records, such as the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, etc., shall be determined as follows.

Unfavorable circumstances: Defendant planned to commit crimes such as preparing a fixed amount in advance.

It seems that the sexual humiliation and mental shock of the victim was reasonable due to the instant crime.

In favorable circumstances: The defendant paid 1.5 million won as compensation for damage to the victim, and agreed with the victim.

There is no record that the defendant has been punished in excess of the same criminal records and fines.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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