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(영문) 수원지방법원 2018.08.09 2018고단1978
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2018, the Defendant found the victim D (nick, 16 years of age) at the crosswalk in the vicinity C, which is located in the wife B, Young-si on January 19, 2018, and “lick” to the victim.

I would like to key topar.

The term "the victim, etc." and "the victim, etc. shall be kymd with the victim's am, am together with the victim's am, am together with the victim's words continuously am, and the victim's personal love even before the first floor of the building in the same Gu E.

I would like to key.

The victim was forced to commit an indecent act against the victim's will in response to the victim's her son's son's son's son's son, her son's son's son, and her k

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Written statements of D;

1. 112 Notification to a department related to the report of the case;

1. Investigation report ( CCTV at a place where such report occurs - the head of the crime);

1. Application of the Acts and subordinate statutes governing victim photographs and CCTV video CDs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is unable to expect effects of recidivism due to an order to attend a course due to the lack of communication in Korean to foreigners, due to the lack of smooth communication

[Judgment]

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s nationality, age, living environment, type and motive of a crime, type of a crime, process of a crime, seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, which can be achieved due to such order

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