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(영문) 전주지방법원 2017.07.07 2017고단513
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2017, the Defendant discovered the victim F (the name, the 25-year old age), seated in front of the Defendant’s seat in the Simsan Em-Si bus that started with D located in Seojin-gu, Seojin-gu, Seoul on January 28, 2017, and laid down the left hand in a cresh of the front seat, thereby forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes to the complaint;

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. In cases where the exercise of tangible force is considerably weak in the area of special mitigation (one month to one year of imprisonment) (any person subject to special mitigation) (one year of imprisonment with prison labor) in the area of special mitigation (any person subject to special mitigation) on the basis of the general standard of the sentencing guidelines [the scope of the recommended punishment], the degree of conduct is weak, and the punishment is not suspended;

2. There are records of criminal punishment that the defendant has been imposed for the same kind of crime that is disadvantageous to the decision of sentence;

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of exercise of tangible power and the degree of indecent act is relatively minor, and the defendant does not want the punishment of the defendant by agreement with the victim.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is 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 personal information is personal information of the head of the competent police office pursuant to Article 43 of the same Act.

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