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(영문) 전주지방법원 2017.09.08 2017고단1175
강제추행
Text

A defendant shall be punished by imprisonment for six 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 April 17, 2017, the Defendant committed an indecent act on the part of the Defendant on the part of the Defendant, without any justifiable reason, by making the amblock of the victim D (the name, amb, 23 years old) of the emergency rescue in the emergency rescue room located in the Yansan-gu C Emergency Center located in the Yansi-gu Seoul Special Metropolitan City, the Defendant committed an indecent act on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E;

1. Complaint;

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The basic area (referring to six months to two years of imprisonment) of the first type of the crime of indecent act (subject to at least 13 years of age) committed on the basis of the general criteria for the sentencing guidelines;

2. There is a fact that the defendant does not take any particular measure for the recovery of damage due to unfavorable circumstances to the decision of sentencing.

The favorable circumstances include the fact that the defendant recognized the crime of this case, the degree of exercise of tangible power, or the degree of indecent act is relatively excessive, and the defendant has no record of criminal punishment due to the same kind of crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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