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(영문) 인천지방법원 2017.05.10 2016고단7169
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant: (a) was a restaurant in the name of “F operated by E, the starting machine of the victim D (n, 20 years of age) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “F”).” On June 7, 2016, the Defendant: (b) had the Defendant’s right to stop from the restaurant; (c) had the victim left with the victim in the restaurant, and (d) had the victim forced the victim to commit an indecent act; (d) the Defendant had the victim, who had the victim known, and (e) had the victim forced the victim to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D, E, and G respective legal statements [the defendant and the defense counsel only sought to have the victim known, and the victim did not have any fact about the victim's chest, such as facts constituting the crime.

The victim stated specifically in the investigative agency and the court about the form of crime and the circumstances before and after the crime, and there is no doubt that the statement is false.

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

Application of Statutes

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, and the effect of preventing sexual crimes that can be achieved by the disclosure notification order.

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