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(영문) 춘천지방법원 원주지원 2016.04.19 2016고단152
강제추행등
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

Punishment of the crime

1. On January 3, 2016, the Defendant forced indecent act committed an indecent act on the part of the victim D (V, 18 years old) who calculated the drinking value in front of the carcter in the C week located in B, the Defendant committed an indecent act on the part of the victim, taking the victim’s left her hand only one time, and forced the victim to commit an indecent act.

2. The Defendant assaulted the victim E (22 3) who was drinking at the time and place mentioned in the above paragraph 1 by misunderstanding the Defendant on the ground that he was her by drinking the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. CCTV-cap photographs and CCTV image CDs;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice 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;

1. When a judgment of conviction on the facts constituting a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency under Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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