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(영문) 대전지방법원 서산지원 2014.07.10 2014고합46
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 03:20 on May 3, 2014, the Defendant discovered the victim E (n, 18 years of age) who was divingd in the waters room exclusively for women of the third floor of "Drata" located in Seosan-si, Seosan-si, and met with the victim's chests and fluor by hand at the right side of the female.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Report on the occurrence of the case, and report on investigation;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. The basic area (six months to two years) of the first type of the crime of indecent act by force (subject to the age of 13) on the general standards (subject to the age of 13) shall not be applicable to the sentencing criteria.

3. The crime of this case by which the defendant committed an indecent act on the victim's chest and the part of the victim who was divingd in the waters exclusively for women and the nature of the crime is not that of the crime.

Therefore, it seems that the sexual humiliation and mental shock of the minor victims have not been significant.

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