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(영문) 대전지방법원 천안지원 2018.04.13 2017고단2402
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 16, 2017, around 02:41, the Defendant discovered the victim D (name, bring, 25 years of age) who was staying home in front of the building C at Asan City, followed by the victim’s behind and following the victim’s back, and the victim was able to see that the victim was able to fright the victim’s chest, and that the victim was frightd to fright the victim’s chest, and that the victim was frightd by frighting the Defendant’s hand and frighting the victim’s chest to frightly fright the victim’s chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against D;

1. CCTV CDs;

1. Application of Acts and subordinate statutes concerning internal investigation reports (specific description of the suspect), and internal investigation reports;

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. Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the reason for sentencing, and the content of the instant crime and the mental impulse and sense of shame, etc. that the victim experienced. Meanwhile, the Defendant’s confessions and reflects part of the instant crime, and there is no criminal record on the Defendant’s criminal punishment, and other facts and sentencing guidelines on the records and changes of the instant case shall be determined as ordered, taking into consideration all the circumstances and sentencing guidelines.

If a conviction on the crime of this case to be submitted becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of 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 of the same Act.

The defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, disclosure order or notification order is exempted.

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