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(영문) 수원지방법원 성남지원 2017.01.20 2016고단3021
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

1. On August 14, 2016, around 09:30 on August 14, 2016, the Defendant committed an indecent act by force by force against the victim’s chests, as the victim F (V, 22 years old), by reporting that the victim F (V, 22 years old) dances around D hotel No. 19, D hotel 19, located in Gangnam-gu Seoul Metropolitan City.

2. The Defendant, at around 10:00 on the same day, committed an indecent act by force by force by using her maret of the victim G (n, 22 years of age), which was placed on the table 20 table of the club No. 1, around 10:00, as her mare used as a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Community Service and Order of Education [the scope of recommended punishment] and the general standards for the crime of indecent act by force (the crime of indecent act by force committed more than 13 years) and there is no person [the person subject to special sentencing] in the basic area (6-2 years from June to 2] (the decision of sentence] that is not agreed with the victims, is unfavorable to the defendant, or the defendant is led to confession and rebuttal, the first offender is committed, and the degree of prosecution is determined as ordered.

Where this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with 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 police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to disclosure order or exemption from notification order, the history of punishment, etc., there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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