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(영문) 수원지방법원 평택지원 2018.08.30 2018고단104
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2017, the Defendant: (a) at the “D” laundry site operated by the victim C (n, 60 years of age) in Pyeongtaek-si B on December 31, 2017; and (b) at the victim’s “D” laund.

After the victim’s laundry was found, the victim’s laundry was forced to use the victim’s own laundry with her own laundry, and committed an indecent act by force against the victim in response to two times the victim’s laundry.

Summary of Evidence

1. The legal statement of the witness C;

1. Each internal investigation report and investigation report [the defendant denies the crime, but it is difficult to find out any particular circumstance that does not believe the victim's statement, and the defendant may fully recognize the facts of the crime in light of the circumstances of the case, etc.];

Application of Statutes

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

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 by the Order to Attend the Republic of Korea provides that the scope of the recommended sentence on the grounds of sentencing is six months to two years. Although the Defendant denies his/her criminal act, the degree of indecent act is not limited, and the Defendant does not have any criminal history.

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 relevant agency pursuant to Article 4

Article 47(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, type of crime, motive, process of crime, seriousness of crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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