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(영문) 수원지방법원 평택지원 2017.04.13 2016고단2650
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 1, 2016, the Defendant appears to have taken charge of the victim E (the victim 28 years of age) and the victim’s right breast at a “D” drinking house located in Pyeongtaek-si C on November 21, 2016, while drinking alcohol. The Defendant appears to have been in charge of the victim’s right breast at the victim’s hand.

dynasium

In the paragraph, “the inside of the Republic of Korea” refers to “the head of the Republic of Korea,” and the victim’s right chest seems to have been in charge on two occasions by left hand, thereby committing an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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 suspended execution;

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed an indecent act continuously in spite of the victim’s expressed his/her intention of refusal, and thereby, the victim caused a considerable sense of shame.

Punishment shall be determined in consideration of the fact that a crime is not good, but is divided, the fact that the victim has agreed smoothly with the victim, and the fact that there is no criminal record of the same kind.

Where a conviction becomes final and conclusive on a criminal fact 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 is obligated to submit personal information to the competent agency pursuant to Article 43

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.

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