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(영문) 춘천지방법원 원주지원 2016.04.18 2016고단33
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 24, 2015, from around 22:00 to November 25, 11:00, the Defendant: (a) reported that the Defendant was seated before the computer to prepare exhibitions conducted in the same division as the Defendant, and (b) the victim D (V, 24 years old) who attended in the Defendant’s house located in the same division as the Defendant, within the Defendant’s house, from around 01:0 to around 00, and 24 years old; (c) collected the Defendant’s arms into the lower part of the victim’s arms to the lower part of the Defendant’s arms; and (d) opened the victim’s chest on several occasions with the Defendant’s left hand, and (e) write down the victim’s chest on two occasions, the victim’s chest was inside the lower part of the victim’s back, and she was able to write down with the victim’s left hand once with the victim’s left hand, and her left hand and her bucks.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the crimes and Article 298 of the Criminal Act: Selection of imprisonment;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service or attend lectures is issued;

1. In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism, the details and motive of the crime, the method and consequence of the crime, and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order of this case, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the Defendant’s personal information shall not be disclosed or notified.

[Judgment]

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