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(영문) 의정부지방법원 2016.05.11 2016고합9
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

Criminal facts

On August 9, 2015, the Defendant committed an indecent act by force against the victim E (hereinafter “D”) who was taking meals at the “D” restaurant located in Gui-si, Gui-si, Si around 16:55 on August 16, 2015, using the same as the victim E (hereinafter “E”), followed the victim’s shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and written statements to the Acts and subordinate statutes;

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 stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the following sentencing is likely to recommit a sex crime in light of the various circumstances

It is difficult to readily conclude that there are other special circumstances in which the disclosure of personal information of the defendant may not be disclosed in comparison with the benefits and prevention effects expected by an order to disclose or notify the personal information, and the disadvantages and side effects that the defendant may sustain.

The reason for sentencing is that the Defendant, without any particular reason, committed the crime of this case against the victim who was drinking at a restaurant while under the influence of alcohol, was an indecent act against his will. The fact that the Defendant was punished for a fine in 2013 due to the same crime that was committed by a female under the influence of alcohol and that the Defendant had a record of being punished for the same crime that was committed by a female under the influence of alcohol.

However, the defendant finally recognizes the crime and reflects it, and the indecent act and tangible power of the crime of this case are exercised.

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