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(영문) 인천지방법원 2018.09.12 2018고단3500
준강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (one-half years of age), at the main point of the “C” located in Bupyeong-gu Incheon Metropolitan Government around December 1, 2017, are those first known from the introduction of the said main main point.

The Defendant, at the same day, was drinking in a nearby singing room, along with his own behaviors, the victim and the victim's behaviors on the same day, and when the victim was not able to drink while drinking in the vicinity of the above place, the Defendant went to the Incheon Bupyeong-gu D Hotel E without doing business to the victim around 06:17 on the same day.

Since then, at around 09:20 on the same day, the defendant was forced to be exempted from the clothes of the victim who was divingd in the bend in the bend in the bend in the bend in the influence of alcohol, and the defendant was able to have the chest and fluor of the victim's chest and fluor.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (tentative name);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse, 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 thus, the accused is obligated to submit personal information

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, the degree of disadvantage the Defendant suffers due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc.

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