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(영문) 수원지방법원 평택지원 2017.02.09 2016고단1872
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 April 7, 2016, the Defendant committed an indecent act on the victim’s chests only several occasions by attracting the victim to and dancing with members of the mountain conference in the “Esing room” located in Pyeongtaek-si D. On April 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 by the Victims to repeatedly attempt to commit an indecent act despite the victim’s explicit rejection of the reasons for sentencing, thereby causing severe humiliation. As the Defendant denied the crime at an investigative agency, the Defendant committed secondary damages that the victim would have been present at the police repeatedly.

The Defendant did not receive a letter from the injured party.

Although severe punishment is required, the sentence of imprisonment shall not be imposed in consideration of the circumstances, such as the fact that the defendant acknowledges the crime of late late, the defendant does not have any criminal record exceeding the same kind of criminal record or fine, and the fact that the health status is not good.

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, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order, and the expected side effects can be achieved.

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