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(영문) 인천지방법원 2016.03.30 2015고단6356
준강제추행
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

The Defendant, who was the pet of the victim E (V, 29 years old), was the child of F, who was the child of F, and was playing in F and the victim's marriage before the marriage with F and the victim, and was moving to G apartment of Yeonsu-gu Incheon Metropolitan City, Incheon, a new marriage house of F to 103 406, to drink.

around 03:00 :00 on April 27, 2015, the Defendant drinked alcoholic beverages with F at the above F’s house, friendly arrest F, H, etc., and entered the said F and the victim’s inner room, and let the knife and the victim enter the inner room, and let the knife knife into the inner part of the victim, and collected the finger by hand, and knife knife knife knife knife into the inner part.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness E’s legal statement statutes;

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 of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 4

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. Sentencing Criteria: Basic area of the indecent act committed by general compulsory acts subject to at least 13 years of age (from June to two years);

2. The Defendant’s crime of this case is one’s friendship.

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