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(영문) 수원지방법원 성남지원 2017.10.20 2017고단2051
강제추행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Compulsory indecent acts;

A. On May 19, 2017, around 22:20 on May 19, 2017, the Defendant: (a) committed an indecent act by force against the victim by putting her her ambl with the victim’s ambl with the victim’s ambl with the victim’s own ambl with the victim’s ambl with the victim’s own amblock.

B. On May 19, 2017, at around 23:02, the Defendant committed an indecent act by force on the part of the victim, following the victim F (M, 25 years of age) on the E bicycle lane located in Seongbuk-gu, Sungnam-si, Sungnam-si, and following the victim F (M, 25 years of age).

2. On May 6, 2017, the Defendant made a public performance obscenity act by openly citing the Defendant’s boom at H parks located in Sungnam-si G, Sungnam-si, as well as the victim I (at the age of 26) who sited in the bend and back of the bend of the sexual instruments, and then doing a self-defensive act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the F and I’s respective Acts and subordinate statutes;

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

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 (The following favorable circumstances):

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant committed an indecent act against an unspecified female and obscene act of public performance to satisfy his/her sexual performance, and the nature of the offense is very good, and the risk seems to be high, and that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant.

However, considering the fact that the defendant is the first offender, the defendant shows the attitude of confession and reflecting each of the crimes in this case, the degree of conduct is not serious, the circumstances in Article 51 of the Criminal Act, the scope of recommended punishment according to the sentencing criteria, etc., the punishment shall be determined like the order.

There is a conviction on each crime of indecent act committed on the judgment that is a sex offense subject to registration and duty to submit personal information.

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