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(영문) 의정부지방법원 2016.12.23 2016고단4093
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on August 25, 2016, the Defendant sent to the victim E (the 19-year old-old) (the 19-year-old) who was a customer in the Dpenta-gun operated by the Defendant located in Pyeongtaek-gun C, and put the victim into a room for the treatment of Atotop, put the victim into the room on the inside room, put the victim's chest around the chest by hand, and made a indecent act by force against the victim's own injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Scope of Recommendation Punishment) and the general standard for the crime of indecent act by force (subject to the age of 13 or more), there is no basic field (6 to 2 years), [decision of sentence] [decision of sentence] the crime of this case that causes the victim to feel a considerable sense of sexual humiliation, there is no letter from the victim or no smooth agreement with the victim, and the degree of indecent act was relatively more serious, the defendant needs to be punished strictly.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the first offender who has no record of criminal punishment, the Defendant’s age, character and conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as above.

Where a conviction becomes final and conclusive against a defendant on the criminal facts in the judgment that are subject to the obligation to submit personal information, the defendant shall become 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 submit personal information to the relevant agency, as prescribed in Article

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