logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2016.06.10 2016고단89
준강제추행
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

On January 12, 2016, around 00:51, 2016, the Defendant discovered that the victim E (W, 23 years of age) was locked in the soup room of “D” located in the Donsan-si, Donsan-si, Chungcheongnam-do, and, after taking advantage of the victim’s side, stored the victim’s bucks that he was in possession of the Defendant’s bridge, and met several parts of the victim’s bucks due to the Defendant’s outbreak.

Accordingly, the defendant committed an indecent act against the victim who is in an impossible condition to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Articles 299, 298, and 298 of the Criminal Act concerning criminal facts and the choice of imprisonment;

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

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [Scope of Recommendation] is that there is no basic area (6-2 years to 13 years or more) (the person subject to special sentencing] in the first type (the general indecent act committed by force) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend (the decision of sentencing] [the decision of sentencing] is that there is no record of being sentenced to imprisonment with prison labor or a fine for the same kind of crime or a crime committed by the general public and there is no record of being sentenced to imprisonment with prison labor or a heavier punishment. In the event that a conviction against the accused becomes final and conclusive with respect to the crime committed by force, which is a sex offense subject to the registration and submission of personal information, the accused is obligated to submit personal information to a related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the subject of registration that can be achieved due to such order.

arrow