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(영문) 수원지방법원 평택지원 2020.01.03 2019고단1878
강제추행
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, with his nationality, entered the Republic of Korea on December 30, 2018 and whose status of stay has expired on January 29, 2019, and the victim B (the name of the household, the age of 24) is a military person of U.S. nationality.

On October 25, 2019, at around 22:00, the Defendant discovered the victim who complained of the pass of the bridge at the parking lot in Pyeongtaek-si, found the victim who was scam and scam in the instant parking lot, scam by drinkingly, scam by inserting left hand into the inside of the victim's body, scam by spreading his hand, and scam by inserting his hand into the part of the victim who scamed and resisted his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the police officer protocol;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following factors of sentencing are determined as follows: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions of Article 51 of the Criminal Act as indicated in the records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime

favorable sentencing factors: The defendant's mistake is recognized, the defendant seems to have been detained for about 50 days in this case, and the defendant's unfavorable sentencing factors that have no record of punishment in the Republic of Korea: The degree of indecent act in this case is significant to mentally shock the victim's loss, and the conviction on the crime subject to registration has become final and conclusive, as the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, since he/she is a person subject to registration of personal information under Article 43 of the same Act.

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