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(영문) 수원지방법원 안산지원 2016.04.20 2016고단142
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is between the victim D(n, 20 years of age) and the defendant, as the PC guest, the victim, and the PC worker, was known to one another.

The Defendant, around 00:00 on April 16, 2015, committed an indecent act against the victim on two occasions with the victim’s left chest hand on the part of the victim, while drinking tobacco after drinking with the victim around 00:00, Ansan-si E and F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

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

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

1. Scope of recommended sentencing guidelines under Article 62 (1) of the Criminal Act (the basic area of general indecent acts committed in the course of force) of the suspended execution, including the fact that the defendant is led to confession and reflect, that the defendant has agreed with the victim, that the defendant has no history of punishment, excluding two times before and after the penalty is imposed: Imprisonment with prison labor for six months to two years, and that the crime of indecent acts committed in the course of general standards (subject to 13 years or more);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a school is issued;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information pursuant to Article 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no such previous information shall be disclosed or notified, taking into account family relations, circumstances, etc.), the defendant becomes 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 a competent police office pursuant to Article 43 of the same Act.

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