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(영문) 대전지방법원 2016.02.16 2015고단3970
준강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 6, 2015, the Defendant: (a) around 06:00 on September 6, 2015, around the fourth floor of the building D, Seo-gu, Daejeon, Seo-gu, Daejeon: (b) reported that the victim E (18 years, female) was locked; and (c) took one hand to meet sexual desire, and (d) took one hand into consideration the Defendant’s arms, and (e) put the Defendant’s hand into the Defendant’s seat.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

2. On September 6, 2015, around 06:40, the Defendant: (a) reported that the Victim F (F) was under her age 25; (b) was under her age 25; and (c) went back to knee under kne and was under her own self-defense to a bridge of the victim of the sexual flag, in order to satisfy sexual desire.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant Article of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment for a crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Where a judgment becomes final and conclusive to submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 head of a competent police office pursuant to Article 43 of the aforesaid

When considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., comprehensively.

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