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(영문) 대전지방법원 천안지원 2017.03.31 2016고단2716
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 October 26, 2016, the Defendant, around 20:51, 2016, 'D' road in Asan City, and 'D' road in front of the victim E (n, 32 years of age, foreigner) followed by the victim, she walked by the victim, approaching the victim, thereby preventing the victim from getting her left shoulder by her hand, leaving the victim's hand, leaving the victim her arm's length toward the port, and she turned the victim's right chest by her hand.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] is the general standard for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of recommended punishment]. The number of self-denunciation [a person subject to special mitigation] [a person subject to sentence] [a person subject to special mitigation] [a person subject to sentence] is not good to have committed an indecent act because the defendant sent his/her chest to the victim by hand after he/she got the victim back, prevents him/herself, and prevents him/her from being involved in an indecent act. This is the fact that the victim seems to have received a considerable mental shock, that the victim is the first offender, that he/she surrenders, that he/she surrenders, and that he/she is against, the punishment as ordered in the instant trial proceedings.

Where a conviction becomes final and conclusive on a crime in the judgment that is subject to the registration of personal information, it 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 thus, it is obligated to submit personal information to the competent agency pursuant to Article 4

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

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