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(영문) 인천지방법원 부천지원 2015.12.16 2015고단2638
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 November 12:50, 2015, the Defendant discovered the victim C (the 32 years of age) at the entrance of the new apartment in Kimpo-dong, Kimpo-dong, Kimpo-si, Kimpo-si, and tried to commit an indecent act against such female. The Defendant, depending on the victim, laid the victim in the above apartment elevator 108-dong, 108-dong elevator, followed the victim’s her her her sent, and committed an indecent act against

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the victim made a statement about the situation at the time of this court, i.e., the defendant's behavior before and after the indecent act; the defendant's behavior at the time of indecent act; the defendant's behavior at the time of indecent act; the defendant's behavior at the time of indecent act; the defendant's behavior at the time of indecent act; the defendant's behavior at the time of indecent act; the defendant's CCTV image also conforms to the victim's statement; the defendant's act of indecent act can be sufficiently recognized; therefore, the above argument by the defendant and the defense counsel

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 reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [the scope of recommending punishment] is the general standard for the crime of indecent act by compulsion (subject to the age of 13 or older) and the mitigated area (one month or one year from January to one year) [the person who is subject to special mitigation] [the decision of sentence] that the Defendant denies the crime and did not reflect it.

However, the defendant has no previous conviction, the victim does not want the punishment against the defendant, and the extent of the indecent act in this case and other circumstances of Article 51 of the Criminal Act shall be comprehensively taken into account, and the punishment is determined as ordered within the scope of the recommended sentencing guidelines.

Judgment which is a sex offense subject to the registration of personal information.

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