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(영문) 수원지방법원 2018.02.22 2017고단8108
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four 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 September 21, 2017, the Defendant continued to take one hand on September 23:35, 2017, the victim D (names, 53 years of age) working in Heung-gu, Young-si C, the Defendant, while providing meals to customers, demanded the victim to sit on the side of the victim several times, and then the victim sits down the victim's hand and side knife with his own hand, and brought one hand on each hand at the victim's shoulder, buck, and buck.

The Defendant, at the end, requested the victim of a fishing vessel to sit once again on the buckbucks, and the victim was able to sit because the bucks did not have the bucks, and the chest of the victim was taken once by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes of Chapter 1 of the CCTV-cape photograph and CCTV image reproduction;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of a sexual crime, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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