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(영문) 인천지방법원 부천지원 2017.03.15 2016고단2258
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 31, 2016, around 03:17, the Defendant committed an indecent act by force against the victim, with the knowledge that the victim E (tentative name) was locked in the 'D' waters room located in Bupyeong-si, Bupyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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

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

1. The grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Protection and Observation of Orders and the Punishment, etc. of Sexual Crimes [the scope of recommending punishment] are the general standards for the crime of indecent act by force (the crime of indecent act by force committed over 13 years) and the special mitigation area (one month to one year in general) [the person subject to special mitigation]] where the exercise of tangible power is considerably weak, and where the degree of prosecution is weak [the sentence] where the conditions of sentencing indicated in the records, such as the circumstances below the sentence and the defendant's age, occupation, sex, family relation, family relation, before and after the crime, the same punishment as the order shall be determined within the scope of the above recommended punishment.

- Although the Defendant had been punished for a sex offense, he/she again went to commit the instant crime.

- The exercise of force is weak, but not sexual humiliation or mental suffering that was frightened by the victim.

- did not receive any note from the injured person.

However, it is difficult to regard it as a planned crime, and it seems that it seems to be against the recognition of the crime, and it does not repeat the crime.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 competent police office pursuant to Article

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.

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