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(영문) 수원지방법원 평택지원 2017.01.24 2016고단1965
강제추행
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

On August 9, 2016, at around 23:40, the Defendant committed an indecent act against the victim, “When the victim was working and drinking in a restaurant operated by the victim C (at least 34 years of age, household name) on August 9, 2016, the Defendant committed an indecent act against the victim, by inserting her humf to the victim’s humf to the hum to the humf in order for the victim to take the humb from the air conditioners adjacent to the humf, and by inserting her humf into the victim’s humf to the hum part, the charge was committed.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the victim;

1. A written statement of the victim;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant is that the Defendant continues to express the victim, such as infinite, pinite, and accident, even though he intentionally commits an indecent act, it is doubtful as to whether the Defendant committed the crime seriously.

In addition, there was no agreement with the victim.

In consideration of the fact that the degree of violence and prosecution committed by the defendant is not strong, and there is no previous conviction or fine exceeding the same kind of criminal records or fine, the sentence shall be determined together with the disposition.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 obligated to submit personal information to the competent agency pursuant to Article 43

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, and the disclosure order or notification order.

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