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(영문) 수원지방법원 2017.12.07 2017고단5104
강제추행
Text

A defendant shall be punished by imprisonment for six 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 April 26, 2017, around 01:10, the Defendant committed an indecent act by force against the victim by committing an indecent act on the part of the victim E (the victim E, 36 years of age), who has danced at the stage of the Heakdong-gu, Chungcheongnam-gu, Chungcheongnam-gu. Around April 26, 2017, following the victim E (the victim E, who is aged 36 years of age).

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes on police statements made to E (tentative name), G and H;

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

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

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [Scope of Recommendation] No (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes No. 13 or 2) exists (Article 13 or 2) in the basic area (Article 1-2 of the Act on Special Cases Concerning Indecent Acts (Article 13 or 2). [Pronouncement decision] In light of the method and content of the instant crime, the crime is not good, and the defendant is not good in the circumstances after the crime, such as the victim resisting the indecent act, and the scambling, and the Defendant

However, considering the fact that the defendant reflects the wrong, that the defendant has no record of being punished for the same kind of crime, and that the degree of criminal conduct is not serious, the punishment as the order shall be determined by taking into account the following factors: the defendant's age, sex, environment, circumstances of the crime, etc. and the sentencing conditions specified in the records and arguments.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 the defendant shall submit personal information to the relevant agency pursuant to Article 43 of the same

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