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(영문) 대전지방법원 홍성지원 2017.07.18 2017고단196
강제추행
Text

A defendant shall be punished by imprisonment for four 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 12, 2017, at around 14:10, the Defendant committed an indecent act against the victims on two occasions, such as: (a) having committed an indecent act against the victims E (the named, named, and named, 48 years old); (b) having been done before the product display stand, the Defendant committed an indecent act against the victims on two occasions, such as: (c) having the victim’s left side buckbucks, which is an employee at the same place; and (d) having the fuckbucks in the same manner. (c) around 14:13 on the same day, the Defendant committed an indecent act against the victims on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of one-year statute to CCTV images, the crime of which is taken by the victim;

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

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend [the scope of recommendations] is the case where the exercise of the tangible force (one month to one year) in the mitigation area (one month to one year) of the crime of indecent act by force (the subject of 13 years or more) under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend (the decision of sentencing] is remarkably weak (the fact that the defendant tried to punish the accused by having the female employees who worked in marina without any reason, feel sexual humiliation and feel sexual humiliation, and the victims want to punish the accused is disadvantageous to the accused.

However, it seems that the degree and exercise of force of prosecution seems to be relatively weak, the defendant seems to reach the crime of this case in light of favorable circumstances, such as the fact that the defendant has no record of punishment exceeding the fine, and that there is no record of punishment beyond the fine, etc. In addition, the punishment as ordered shall be determined by taking into account the following factors such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

registration of personal information; and

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