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(영문) 인천지방법원 2015.04.08 2014고단9496
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 22:00 on July 8, 2014, the Defendant, while drinking alcohol together with the victim E (n, 19 years of age), F, and G, committed an indecent act by force against the victim’s sexual organ by making use of the gap between F and G in order to avoid tobacco, and using the victim’s turbbbbbbbs below the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a response to a request for probation order;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sexual crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 the defendant is obligated to submit

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process of a crime, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage to the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to 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.

Therefore, a disclosure order or notification order is not issued to the defendant.

The reason for the sentencing [the range of recommendations] the general standard of the crime of indecent act by force (the target of 13 years of age or over) is the type 1.

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