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(영문) 수원지방법원 평택지원 2017.11.09 2017고단1169
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 9, 2017, the Defendant forced indecent act committed an indecent act against the victim C in front of Pyeongtaek-si B at around 02:12, with a view to forcing the victim to commit an indecent act, and committing an indecent act against the victim’s sexual organ against the victim’s sexual organ, and forcing the victim to commit an indecent act against the victim.

2. On April 9, 2017, the Defendant made a public performance obscenity by exposing a sexual organ to an unspecified person before and after a large number of unspecified people, where he/she went through the place in front of Pyeongtaek-si D on April 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. C and E written statements;

1. Application of Acts and subordinate statutes to photographs by cutting down the CCTV of neighboring commercial buildings and cutting down on-site CCTVs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act (a point of public performance obscenity), and the choice of imprisonment with prison labor;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. An indecent act committed against a victim who is not imprisoned under the influence of alcohol at night due to the reason and night of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which led to such an indecent act by the victim, thereby suffering from considerable fear and shame, and the nature of the offense is not good.

The Defendant did not receive a letter from the injured party.

The execution of imprisonment is suspended in consideration of the circumstances such as the sentence of imprisonment, the fact that there is no criminal record against the defendant, and the degree of violence caused by the crime is not strong.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission 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 is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant is exempted from the disclosure order or notification order.

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