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(영문) 수원지방법원 안산지원 2016.11.18 2016고단3583
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 15:00 on August 29, 2016, the Defendant asked the victim E (the 39-year old-old) to take a shoulder at the D office located in Ansan-si, Seoul-si, the Defendant: (a) brought the shoulder to the victim E (the 39-year old-old); and (b) brought the victim to the knife one hand by getting the victim to go to the victim; (c) knife the victim’s hand to return the victim; (d) knife the victim’s hand to the other hand; and (e) knife the victim to the victim who sit on the knife on the knife, knife the victim’s knife; and (e) knife the victim’s chest.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the defendant (including E statements)

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Scope of the sentencing guidelines prescribed in Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the defendant has no specific penalty power, except once a fine is imposed on

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall be disclosed or notified in consideration of family relationship, the outline, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 186(1) of the Criminal Procedure Act, the defendant shall bear the costs of litigation

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