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(영문) 수원지방법원 평택지원 2019.01.24 2018고단1477
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2018, at around 23:15, the Defendant discovered the victim D (title, 20 years of age) who walked on the road near the C coffee shop located in Pyeongtaek-si B, discovered the victim’s body by drinking the victim’s body, and followed the victim’s back, and led the victim to use his hand as his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is six to two years (basic area). The scope of the recommended sentence based on the sentencing guidelines for sentencing is considered as follows: (a) the accused is led to confession and the degree of indecent act is not very heavy; and (b) the accused is only one criminal history of fine.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, 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 relevant agency pursuant to

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure or notification order or employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is subject to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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