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(영문) 수원지방법원 2015.08.20 2015고단2793
강제추행
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

Punishment of the crime

On May 22, 2015, the Defendant: (a) discovered the victim E (the age of 19) who walked to ear in front of the “Dcafeteria” building located in the wife population C, and caused her desire to walk to ear; (b) committed an indecent act by force against the victim by making the victim’s right hand close to the right side of the victim; (c) discovered the victim E (the age of 19) and by taking a desire to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general standard and the basic area (six months to two years) of the crimes of indecent act by force (the persons aged 13 or older) in the first category;

2. Determination of sentence: The sentence shall be determined as per the order, taking into consideration six months of imprisonment, the part or degree of indecent act for two years of suspended sentence, the time and situation of the crime in this case, the mental impulse and sense of sexual shame experienced by the victim in light of the victim's age, the fact that the victim did not receive a letter from the victim, the fact that the defendant was the first offender and is against the defendant, the fact that the defendant is the first offender and is against the defendant, and other matters that constitute the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, etc. as shown in the records and arguments in this case;

Where a conviction becomes final and conclusive on a crime subject to registration of a sex crime subject to the obligation to submit 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 relevant agencies

The age, occupation, risk of recidivism, motive, progress, and progress of the crime of the defendant exempted from the disclosure order and notification order.

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