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(영문) 수원지방법원 안산지원 2016.06.22 2016고단1640
준강제추행등
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

Criminal facts

1. A quasi-indecent act: (a) around January 3, 2016, the Defendant: (b) reported the victim I (1) who was divingd at the entrance of the 6th floor HH of the Yeonsu-gu Incheon Metropolitan City G building at the entrance of the 10th floor soup room; (c) reported the victim I (16 years old); (d) attempted to commit an indecent act by force; (d) fright the victim’s chest; (e) fright the victim’s chest; and (e) fright the victim’s chest; and (e) committed indecent act by using the victim’s mental and physical loss.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) taken the body of the victim against his will by using the Defendant’s portable phone at the same time and place as set forth in the above paragraph (1) by photographing the victim’s upper, lower, lower, and lower, and photographing the chest and lower, and taking the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to report internal investigation (verification of CCTVs in place of occurrence) and investigation reports;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) has not yet been restored to the victim, but considering the confession and reflect of the defendant, the defendant is the initial offender, etc.);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. There is a conviction on each of the sex offenses subject to registration, which are subject to submission of new information and notification, under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from 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 Juveniles from Sexual Abuse (it shall not disclose and notify personal information, taking into account the initial offender, family relationship, and the personal situation).

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