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(영문) 인천지방법원 2018.01.17 2017고단8202
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 3, 2017, at around 00:40, the Defendant: (a) discovered the victim F (F) who was aware of being in front of the E convenience store located in Namdong-gu Incheon Metropolitan City E, due to stress, respiratory symptoms, and main hair, and used on the floor; (b) attempted to commit an indecent act by leaving the victim into a rare space; (c) opened the victim in front of the cargo vehicle where the victim was working on the part of the defendant, and was parked in a rare space; and (d) opened the victim in front of the cargo vehicle where the victim was parked in the vicinity of the victim’s body; and (d) opened the victim’s chest in front of the victim’s clothes; and (e) opened the victim’s knife with the Defendant’s knife by taking the Defendant’s knife by hand; and (e) opened the victim’s knife with the Defendant’s knife by hand; and (e) held the victim’s knife part.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental or physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes governing police statements made to F in relation to F;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Where a conviction against a defendant is finalized in regard to the crime of a sex crime subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a related agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, prevention and effectiveness of sexual crimes that can be achieved by the disclosure notification order, disadvantage of the defendant, etc. shall be considered.

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