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(영문) 인천지방법원 부천지원 2017.09.13 2017고단1584
강제추행
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

On June 15, 2017, from around 23:42 to 23:48, the Defendant her shouldered the victim’s shoulder back to “C” located in Seocheon-si B, Seocheon-si.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 suspended execution;

1. The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Community Service and Order of Education, shall be determined by comprehensively taking into account the following factors:

- The Defendant, as stated in its reasoning, committed an indecent act on the victim of a protruding site on which he had a path during night, and continued to have continued to be the victim.

The victim was fluored by brush fear and sense of shame, and was suffering from mental shock.

The injured person is strongly punished for the defendant.

- The Defendant, even in the year 2014, committed a forced indecent act by cutting a female arms and riding the chest, who is unaware of the way, was punished by a fine of KRW 3 million, and completed a sexual assault treatment program.

Nevertheless, the same crime has been committed equally without being shown before the opening.

- However, he recognized all of his mistake.

- It appears to be contingent crimes.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the head of the competent police office pursuant to Article

The defendant's age, occupation, risk of recidivism, and crime of this case is exempted from disclosure or notification order.

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