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(영문) 전주지방법원 2018.01.26 2017고단2393
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 May 29, 2017, from around 05:09 to around 05:11 on May 29, 2017, the Defendant: (a) committed an indecent act against the victim by using the victim D (V, 69 years of age) who was on board a wheelchairs in front of the victim D, who was on board a wheelchairs at the end of 310th floor of “Special Hospital for the Aged” located in Dongducheon-si C, and by using the son who was able to take her breast in the same part and the buck with the her chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of 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. The basic area (referring to six months to two years of imprisonment) of the first type of the crime of indecent act (subject to at least 13 years of age) committed on the basis of the general criteria for the sentencing guidelines;

2. A favorable circumstance for decision-making of sentence requires that the defendant recognized the crime of this case, and that the defendant has no record of having received criminal punishment, in addition to the punishment imposed once for the crime of this case.

There are reasons that the defendant did not reach an agreement with the victim.

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 accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime of the defendant exempted from disclosure or notification order.

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