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(영문) 수원지방법원 평택지원 2017.07.13 2017고단338
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, around 03:00 on September 8, 2016, committed an indecent act against the victim by forcing the victim to commit an indecent act by reporting the victim D (W, 51 years of age) who walked around the latter part of the C apartment house 202, Namyang-si, Namyang-si, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

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. The community service order under Article 62-2 of the Criminal Act;

1. An indecent act by force against a female who does not have any way off at the distance from the point of view of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the victim, which led to the victim's serious fear and sense of shame due to the crime.

The Defendant did not receive a letter from the injured party.

The sentence shall be determined by taking into consideration all the factors of sentencing, including the fact that the defendant is divided into crimes, that the defendant has no criminal record, that is contingent crimes, and that the defendant's occupation and family relationship.

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

In light of 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 protection effect of the victim.

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