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(영문) 수원지방법원 평택지원 2017.03.30 2016고단1619
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 29, 2016, the Defendant: (a) followed the victim E (here, 23 years of age) who is an employee of Pyeongtaek-si C, who was engaged in the disposal of goods in around 20:38 on July 29, 2016; (b) met with the left hand of the victim, and (c) caused the victim’s body by the victim.

Low Women's Tyle

“Along with the victim’s her ambl with the victim’s amblock,” the victim became her amblick.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on the investigation report (CCTV screen);

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 suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the victim even though the victim expressed his/her intention to refuse the sentence, and thereby, the victim saw that he/she caused a considerable sense of shame.

It was not possible to receive a letter from the injured party.

Although the nature of a crime is not good, the sentence shall be determined like the order, taking into consideration the following circumstances: (a) the degree of violence is not strong; (b) there is no criminal record of the same kind; and (c) there is an opportunity to reflect through the prison life.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to Article 43

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to it.

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