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(영문) 인천지방법원 2015.08.13 2015고단3079
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 18, 2015, the Defendant, at around 22:44, 2015, turned back the victim C (n, 19 years of age) coming from the front of the Yeonsu-gu Incheon Metropolitan City, by exposing the victim C (n, 19 years of age), and extending back the victim's left chests once, and the victim, who followed the victim's escape by playing, was able to drive back the victim, at around 22:49 on the same day, at the front of the same Gu D on the same day, around 22:49 on the day when the victim followed the victim, she was fright the victim by driving the two arms back of the victim's back, and she was flick on both breasts of the victim once by hand.

Accordingly, the defendant committed an indecent act on the part of the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the statement of warning;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 6,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the suspended sentence under the Criminal Act seems to have considerable sexual health and mental impulses of the victim due to the instant crime. However, there is no criminal power against the defendant, and the instant crime is contingently committed by the defendant of young age. The defendant confessions all the instant crime and seriously reflects the fact that the defendant is committing a crime of this case, and the defendant has committed a healthy life without preventing recidivism, and taking into account various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, and environment, as shown in the records and arguments of this case, the sentence against the defendant is suspended because the circumstances of the instant crime are significant.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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