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(영문) 인천지방법원 2018.03.14 2017고단8365
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who visits the “E” operated by the victim D (a name, leisure, 31 years of age) in Gangnam-gu Seoul Metropolitan Government Ctel 819 as a guest.

around 22:00 on February 13, 2017, the Defendant “E” to the victim “assumed” in the above “E”

"Packer and bucker of the victim's chest, bucked the victim on the bend of the sing, singing the victim on the bend of the sing, singing the victim on the singular, and rhing the victim's bridge with his hand, and making the victim forced the victim to commit an indecent act by holding the victim's singbuck, mack, and buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

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. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 16(2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, the accused is 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 is obligated to submit personal information to the competent agency under Article 43 of the same

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an disclosure order or notification order against the defendant, comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the crime of this case, the degree of disadvantage the defendant's suffering from, and the effect of the prevention of, sexual crimes subject to registration that may be achieved due to, the disclosure order or notification order, the effect of protection of the victim, etc.

Reasons for sentencing

1. The first type of the sentencing criteria (the scope of recommended punishment) (the offenses of indecent act by force (the offenses subject to not less than 13 years of age) shall be the general criteria;

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