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(영문) 수원지방법원 2016.01.28 2015고단5739
준강제추행
Text

A defendant shall be punished by imprisonment for four 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 6, 2015, at around 04:30, the Defendant, along with the Defendant’s chain C, performed drinking at the residence of the victim E (n, 34 years of age), who is a worker at the workplace of Suwon-si D and D, Suwon-si, and D, and committed an indecent act against the Defendant by putting the Defendant into the body of the ward, Da himself, her locking, her locking with the victim’s lock, her under the influence of alcohol, her fingers into the body of the body of the victim, her chest and a part on the upper part of the victim’s chest and a part on the part of the drinking part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection [the scope of recommended punishment] [the general standards] of the crime of indecent act by force under Article 59(1) of the Act on the Punishment, etc. of Sexual Crimes, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, on the grounds that he/she is not subject to punishment [the sentence] for 4 months, 2 years of suspended sentence (the degree of damage to the victim is considered, the defendant is against himself/herself, the victim is not willing to be punished, and the defendant is not subject to the same criminal record.]

The age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the subject of registration that can be achieved due to such order.

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