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(영문) 춘천지방법원 강릉지원 2017.05.11 2017고단192
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

The Defendant is the head of “B convenience store”, and the victim C (V, 20 years of age) is the customer who visited the above convenience store.

On February 6, 2017, at the above convenience store located in Gangnam-si D around 13:00, the Defendant: (a) accessed the victim, who was a customer with the face of a usual lele at around 13:00, without having any fact that he saw it as “influening the mouth, he was able to take corrective measures; (b) by approaching the victim, he she was able to have a strong tension; and (c) she committed indecent acts by taking part in the back of the victim’s hand and divided her part into the left hand, and by forcing the victim to commit an indecent act for about 3 minutes of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of photographs and CCTV CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines set forth in Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Ordering Service and Ordering Education is an initial crime with no record of crime, and the victim and ordering to attend the course of committing the instant crime are contradictory to each other: The scope of sentencing recommended according to the sentencing guidelines: One year [in the event a conviction against the defendant is confirmed as to the criminal facts of a sex crime subject to the registration of personal information, which is subject to the registration 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 the defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information disclosure and notification order, may be achieved.

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