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(영문) 전주지방법원 2017.04.14 2017고단254
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 December 11, 2016, at around 03:05, the Defendant committed an indecent act on the part of the victim E (e.g., the 21-year old) in front of the D main point located in Yansan-si, Jeonju-si, and at the above D main point, the Defendant committed an indecent act on the part of the victim by her her son when she goes to go from the D main point.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Where the degree of conduct in the area of special mitigation (one month to one year) (a person who has been specially mitigated) (a person who has been subject to special mitigation) is weak in the review of the sentencing guidelines [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to not less than 13 years of punishment) is weak, no penalty shall be imposed;

2. A favorable circumstance in which the Defendant recognized the instant crime, the degree of criminal conduct is relatively minor, and the victim does not want the punishment of the Defendant by mutual consent with the victim.

There are records that the defendant has been punished for the same crime.

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.

An order of disclosure or exemption from notification.

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