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(영문) 전주지방법원 2017.03.17 2017고단100
준강제추행
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

The defendant and the victim C(23) are the first time of the incident.

On December 12, 2016, around 04:00, the Defendant 1 and the Defendant 202 met with the Defendant’s house located in Yansan-gu, the Ebudio 202, a house located in Yansan-gu, the Defendant 1 and her house flicked with the Defendant, and her house flick panty and panty panty, and she met with the Defendant’s sexual flag.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of results of genetic appraisal);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Review of the sentencing criteria [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to at least 13 years of age) is not subject to punishment in the mitigated area (one month to one year of imprisonment with prison labor) (person subject to special mitigation).

2. The degree of conduct is not that of disadvantageous reasons to the decision of sentence, etc.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant does not want the punishment of the injured party by agreement with the injured party, and that the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, 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 the head of the competent police office shall be the head of such person pursuant to Article 43 of

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