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(영문) 수원지방법원 성남지원 2018.04.06 2018고단77
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 28, 2017, at around 22:05, the Defendant discovered the victim D (Woo, 44 years old) who landed the said stairs from the stairs of the first floor in Gwangju-si, Gwangju-si, and tried to use the victim's face by using the victim's hand and using the victim's face with the victim's hand. While continuing to take the said stairs, the Defendant committed an indecent act by force against the victim E (Woo, 47 years old) who took the chest side of the victim's E (Woo, Ha, and 47 years old) who took the Defendant's resistance with the victim's own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. 112 Notification to a department related to the report of the case;

1. Application of the Acts and subordinate statutes concerning the closure of field CCTV images;

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 (The following favorable circumstances):

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims of community service and lecture attendance orders have the same criminal records as the Defendant’s reasons for sentencing, and the victims’ failure to receive an accusation from the victims are disadvantageous circumstances.

However, considering the fact that the defendant has no record of punishment exceeding the same criminal records and fines for the past twenty years, confessions and reflects each of the crimes of this case, the degree of each indecent act is not much serious, the circumstances of Article 51 of the Criminal Act and the scope of recommendations for sentencing guidelines, etc., the punishment shall be determined as per the order.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, and exemption from disclosure or notification order.

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