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(영문) 인천지방법원 2017.05.11 2016고단9018
강제추행
Text

A defendant shall be punished by imprisonment for four 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 23, 2016, the Defendant: (a) committed an initial indecent act against the instant victim C in the subway trains around the subway trains around 17:30 on November 23, 2016; (b) committed an initial indecent act against the said victim C in the subway trains; (c) went back with the said victim in D stations; and (d) followed the said victim.

On November 23, 2016, around 17:40 on November 23, 2016, the Defendant told the victim “as milch, so as to milch,” and the victim’s own hand followed the victim’s loss to her left am.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on investigation reporting;

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 grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] are the general standards for the crime of indecent act by force. In the case where the degree of engaging in an indecent act by force is weak (13 years or more) in the mitigation area (1 month or 1 year) [special mitigation person] [decision of sentence] other than the above sentencing factors, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime is committed, etc., it is deemed that there is a risk of repeating a crime by considering the following circumstances: (a) the defendant is not agreed with the victim; and (b) the defendant's age, occupation, sex, family relationship, etc.; and (c) the order to observe and attend the education and determine the same sentence as the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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

The Defendant’s age, occupation, risk of recidivism, and the instant case, exempted from disclosure or notification orders.

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